Indiana Code
Ind. Code § 29-3-1-5 (2026)
"Durable power of attorney"
✓ current as of May 2026
Sec. 5. "Durable power of attorney" means a power of attorney that:
(1) is executed by an incapacitated person before that person became an incapacitated person;
(2) provides that the power survives the person's incompetence; and
(3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed.
As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.57.
Notes of Decisions
Cited in 2
cases, 2009–2009 · leading case: In Re Guardianship of LR, 908 N.E.2d 360 (Ind. Ct. App. 2009).
In Re Guardianship of LR, 908 N.E.2d 360 (Ind. Ct. App. 2009). “See Ind. Code § 29-3-1-5 (2) (providing that a durable power of attorney survives the incompetence of the person who granted the power).”
B.R. v. Stewart, 908 N.E.2d 360 (Ind. Ct. App. 2009). “See Ind. Code § 29-3-1-5 (2) (providing that a durable power of attorney survives the incompetence of the person who granted the power).”
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