Ind. Code » Title 30
Indiana Code

Ind. Code § 30-5-4-3 (2026)

More than one attorney in fact; independent actions; failure or cessation of service

✓ current as of May 2026
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     Sec. 3. (a) Except as otherwise stated in the power of attorney, if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty.

     (b) Except as otherwise stated in the power of attorney, if:

(1) more than one (1) attorney in fact is named; and

(2) one (1) attorney in fact fails to serve or ceases to serve;

the remaining attorney in fact may continue to act under the power of attorney without a successor for the attorney in fact who failed to serve or ceased to serve.

As added by P.L.149-1991, SEC.2.

 

Notes of Decisions
Cited in 3 cases, 2005–2017 · leading case: In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney, 56 N.E.3d 719 (Ind. Ct. App. 2016).
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In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney, 56 N.E.3d 719 (Ind. Ct. App. 2016). · cites it 4× “Indiana Code section 30-5-4-3 authorizes the appointment of more than one attorney in fact.”
Beckom v. Quigley, 824 N.E.2d 420 (Ind. Ct. App. 2005). · cites it 2× “Rather, Indiana Code section 30-5-4-3(a) stipulates that "if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty.”
In re the Guardianship of: Helen Kinney Morris, Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney (mem. dec.) (Ind. Ct. App. 2017). · cites it 4× “” Ind. Code § 30-5-4-3 (a). Therefore, unless and until Helen’s 2004 power of attorney is revoked or amended, all authority regarding her property and health care lies with Kevin and Molly, who may act independently of each other.”
Ind. Code § 30-5-4-3(a): 2 cases
Beckom v. Quigley, 824 N.E.2d 420 (Ind. Ct. App. 2005). “Rather, Indiana Code section 30-5-4-3(a) stipulates that "if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty.”
In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney & Patrick Kinney v. Paul Kevin Kinney, 56 N.E.3d 719 (Ind. Ct. App. 2016). “Indiana Code section 30-5-4-3 authorizes the appointment of more than one attorney in fact.”
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