Certain electronic powers of attorney created in reliance on supreme court order

Sec. 4.3. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020.

(b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the execution of an electronic power of attorney, and the witness's subsequent incapacity will not impair the effectiveness of the power of attorney.

(c) An electronic power of attorney is void if:

(1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney; and

(2) the power of attorney cannot be proved without the witness's testimony of proof or the witness's signature.

(d) For purposes of this section, a person serving as a subscribing witness to the execution of an electronic power of attorney has an interest in an electronic power of attorney if:

(1) the power of attorney names the person as the principal's attorney in fact or successor to the attorney in fact;

(2) the power of attorney grants a power or beneficial interest to the person other than appointment of the person as the principal's attorney in fact or successor to the attorney in fact; or

(3) the witness is related to a person described in subdivision (1) or (2).

(e) For purposes of this section, a witness is related to a person described in subsection (d)(1) or (d)(2) if the person is:

(1) the spouse of the witness; or

(2) a descendant of the witness.

As added by P.L.185-2021, SEC.27.