[IN] Can I create a power of attorney with only witnesses and a notary?

IN Estate Planning

Liz

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All you need are the witnesses and notary. No lawyer needed. Then you take it to the bank and always keep a copy. (IN Code § 30-5-4-1)

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Just making sure, I do not need an attorney for a POA in Indiana if I already have two witnesses and a notary?

And then we take the paperwork to the bank, correct? She only has a car and her home plus a checking account. No life insurance. No retirement or other revenue.

Lexi, Chatbot

I understand that you're looking for clarity on the requirements for a Power of Attorney in Indiana. Have you already drafted the document, or are you still in the planning stages?

Document is drafted.

Lexi, Chatbot

Are you aware of the specific types of Power of Attorney and which one you are trying to create?

Yes.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, are you the principal for the POA?

Hi Liz. I have the task of creating a POA for my elderly mother. She wants my sister and I to both be POA for finances and legal affairs. I have created a form. I have two witnesses and a notary arranged. I want to make sure this is what I need to do. And, I want to make sure I do not need legal counsel to make this binding in the state of Indiana.

Liz

Just to clarify, your mom is of sound mind and understands what she is signing?

Yes she does. We prepared the Will together last week.

Liz

All you need are the witnesses and notary. No lawyer needed. Then you take it to the bank and always keep a copy. (IN Code § 30-5-4-1)

Should we have multiple copies or is it likely the bank will make a copy for itself?

Liz

The bank will usually make a copy, but you should also each have a copy of your own for use.

Yes, that's what I thought so I made two hard copies. I also have two copies of the will. One for each of us. Is there anything else I should plan for regarding these legal documents?

Liz

Do you have copies of things like the car title and house deed?

The house has a mortgage which is at the same bank as her checking account. The car is paid for, I believe, and mom would have the title. I have been to the bank to make a mortgage payment on her behalf.

Liz

Knowing where the title is can be helpful, since you already know the mortgage information.

Yes, I will see mom in the morning and will ask where the title is. I am sure it is with other important documents in the house.

Liz

Good, knowing where all those documents are can make your lives much easier, especially at a time where you'll also be grieving.

We don't expect her to pass away very soon but she is housebound. The Will does not have a space for a notary, only two witnesses. How shall we proceed with a notary on that document?

Liz

You could add a secondary page for verification.

Liz

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