(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 a power of attorney. A subsequent incapacity of an attesting witness does not impair the effectiveness of a previously executed power of attorney.(c) A power of attorney executed under section 1(a)(4)(B) of this chapter is void if:(1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney as described in subsection (d); and(2) the power of attorney cannot be proved without the witness's testimony or proof of the witness's signature as a witness.(d) A person serving as a subscribing witness to the execution of a power of attorney has an interest in the 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 an appointment of the person as the principal's attorney in fact or fact or successor to the attorney in fact;(2) the power of attorney grants a power or beneficial interest to the person other than an 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 subdivision (1) or (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.19.
Indiana Legal Code