Creation of electronic power of attorney

Sec. 4. (a) A principal, or person acting at the principal's direction, may create a valid power of attorney by electronically signing an electronic power of attorney:

(1) in the presence of a notary; or

(2) in the presence of witnesses under sections 4.3, 4.5, 4.7, and 4.9 of this chapter.

(b) The:

(1) principal;

(2) attorney in fact under the electronic power of attorney;

(3) attorney representing the principal or attorney in fact; or

(4) other person authorized by the principal;

may use the electronic record to make a complete converted copy of the electronic power of attorney on or near the time of its execution or at a later time when the full electronic record is available.

(c) A complete converted copy derived from a complete and correct electronic power of attorney may be offered and admitted into evidence as though it were an original and traditional paper power of attorney without the need for additional proof or evidence of authenticity. Whenever this article permits or requires an attorney in fact to provide a copy of a power of attorney to an interested person, the attorney in fact may provide a complete converted copy of the electronic power of attorney. A complete and converted copy is conclusive evidence of the power of attorney's terms unless otherwise determined by a court in an order entered upon notice to all interested persons and after an opportunity for a hearing.

As added by P.L.40-2018, SEC.4. Amended by P.L.185-2021, SEC.25.