For a durable POA for the state of Indiana, does the "Agent/Attorney-in-fact" need to sign it? Our previous one didn't have the Agent sign it.

A law firm in Ft. Wayne, Indiana.

No.

I'm the Agent, and I live in a different state, KY. If I do sign it, does the notary need to be in Indiana?

I am updating a new POA because I will be taking over for the care of my sister (the new Principal), from my other sister (the current Principal). The current POA was signed in 11/2017 in Indiana, only by the new Principal and the notary. The current Principal's name is not on it. The eForms doc added my name to it with some clauses. Is it necessary to have my name on it?

This is the clause that was created:

AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY

I, [Agent], certify that the attached is a true copy of a power of attorney naming the undersigned as Agent for [the new Principal]. I certify that to the best of my knowledge the Principal had the capacity to execute the power of attorney, is alive, and has not revoked the power of attorney; that my powers as Agent have not been altered or terminated; and that the power of attorney remains in full force and effect. I accept appointment as Agent under this power of attorney. This certification and acceptance is made under penalty of perjury.

Agent's Signature ______________________"

Yes, she is able to understand. She is developmentally delayed, but knows that her family helps her and she needs to sign docs for that to happen.

If I keep this in, can it be notarized by someone from another state? Like Ohio or KY.

Do we all have to do it in the same place at the same time, or can I have mine done by a notary from Ohio, then have the new Principal's notarized in Indiana?

Can you explain the clause on Personal and Family maintenance? Does adding it in obligate me to maintain her standard of living?

This is the clause from eForms. Note that she doesn't have any children. The clause from eForms makes it sound like it does obligate me:

PERSONAL & FAMILY MAINTENANCE
In regards to personal and family maintenance, the Principal authorizes the Agent to:
I. Perform the acts necessary to maintain the customary standard of living of the Principal, the Principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
i. The Principal's children;
ii. Other individuals legally entitled to be supported by the Principal; and
iii. The individuals whom the Principal has customarily supported or indicated the intent to support;

II. Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the Principal is a party;
III. Provide living quarters for the individuals described in section I by:
i. Purchase, lease, or other contract; or
ii. Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the Principal or occupied by those individuals;
IV. Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in section I;
V. Pay expenses for necessary health care and custodial care on behalf of the individuals described in section I;
VI. Act as the Principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the Principal or anyone authorized under the law of this state to consent to health care on behalf of the Principal;
VII. Continue any provision made by the Principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in section I;
VIII. Maintain credit and debit accounts for the convenience of the individuals described in section I and open new accounts; and
IX. Continue payments incidental to the membership or affiliation of the Principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
X. Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an Agent may or may not have with respect to GIFTS.

The prior doc referred to the Indiana Codes and looked like this:

3.13 FAMILY MAINTENANCE. Authority as to family maintenance pursuant to IC 30-5-5-12.

No dependents. She is dependent on her siblings for care.

Is this clause necessary? Doesn't having access to her bank account provide the authority to maintain her standard of living?

Is it necessary? It seems redundant.

I also didn’t include the "Powers withheld" clause. It was in the old one, but not the one from eForms.

4. POWERS WITHHELD
My attorney-in-fact shall NOT have any authority under this power of attorney to make or change my will, to make or change my living will, or to appoint a health care representative for me. Further, my attorney-in-fact shall NOT have authority under this power of attorney with respect to health care powers as defined in section 30-5-5-16(b) of the Indiana Code, or to act as my health care representative under Chapter 16-36-1 of the Indiana Code or any similar law.

I didn’t do this because it seems like it would be conflicting/confusing since I am also her healthcare representative.

Yes. I used the eForms template, then compared it to what was done previously. In some cases, I used the "long" language from eForms, and in most cases, I used what was there the last time, checking the IC numbers to make sure it was correct.

Do you think it’s best to not include this clause, given that I’ll be the health care POA/representative?

eForms also didn’t have this clause about third parties. I didn’t include it. Is there a reason to? I don’t think a third party ever rejected it:

11. PROTECTION OF THIRD PARTIES RELYING ON THIS DOCUMENT.
All acts done by my Agent under this document shall have the same effect and inure to this benefit of and bind me and my successors in interest, and protect third parties relying on this document, to the same extent as if I were competent, not disabled and personally acting, all as provided in Indiana Code §30-5. Persons dealing with my Agent may rely upon my Agent’s representation as to all matters relating to any power being exercised. No person who may act in reliance upon my Agent's representation or exercise of a power shall need to inquire as to my Agent's authority to act or to see the proper application of the proceeds of the transaction or be liable to me or my estate as a result of that reliance. I also authorize third persons to rely on an affidavit by my Agent that this power has not been revoked by me and that, to the best of my Agent's knowledge, I am still alive. As provided in Indiana Code §30-5, my Agent's affidavit shall be conclusive proof that this document remains in effect.

Including a clause about third-party reliance can be beneficial, as it reassures those dealing with the agent that they can trust the authority granted by the POA without needing to verify it each time. This can make transactions smoother and prevent potential delays or refusals from third parties who might otherwise be cautious. This is for things like banks and hospitals who are accepting it. However, if you've never encountered issues with third parties rejecting the POA, it may not be strictly necessary. It's more about providing an extra layer of assurance.

Does it put any risk on us or obligate us?

OK. I should probably add that back in then.

I think that's all of my questions. Is there a way to print this chat?