Indiana Code Title 30. Trusts and Fiduciaries § 30-5-4-2

Sec. 2 . (a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney is signed in accordance with section 1(4) of this chapter.

(b) A power of attorney may:

(1) specify the date on which the power will become effective;  or

(2) become effective upon the occurrence of an event.

(c) If a power of attorney becomes effective upon the principal's incapacity and:

(1) the principal has not authorized a person to determine whether the principal is incapacitated;  or

(2) the person authorized is unable or unwilling to make the determination;

the power of attorney becomes effective upon a determination that the principal is incapacitated that is set forth in a writing or other record by a physician, licensed psychologist, or judge.

(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may:

(1) act as the principal's personal representative under the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 201 et seq. ) and any rules or regulations issued under that act;  and

(2) obtain access to the principal's health care information and communicate with the principal's health care provider.

Cite this article: FindLaw.com - Indiana Code Title 30. Trusts and Fiduciaries § 30-5-4-2 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-30-trusts-and-fiduciaries/in-code-sect-30-5-4-2.html


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