Death of principal; missing or missing in action; attorney in fact
retains authority over anatomical gifts, autopsy, and disposition of
body
Sec. 4. (a) Except as provided in subsections (b) and (c), a power
of attorney terminates on the death of the principal.
(b) The death of a principal who has executed a written power of
attorney does not revoke or terminate the power of attorney as to the
attorney in fact or other person who, without actual knowledge of the
death of the principal, acts in good faith under the power. Unless
otherwise invalid or unenforceable, an action taken under this
subsection binds the principal and the principal's successors in
interest.
(c) The death of a principal who executes a written power of
attorney does not revoke or terminate the power of attorney as to
authority granted under IC 30-5-5-16(b)(5) through
IC 30-5-5-16(b)(7). An action taken under this subsection binds the
principal and the principal's successors in interest, unless the action
is inconsistent with a written directive executed by the principal
before the principal's death.
(d) Notice from the United States Department of Defense of the
death of a principal who has given a power of attorney is official
notice of the death of the principal. A report or listing of the
principal's being missing or missing in action does not do any of the
following:
(1) Constitute and may not be interpreted as actual notice of the
death of the principal.
(2) Terminate the power of attorney.
As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005,
SEC.53.
Last modified: May 27, 2006