Indiana Power of Attorney Attorneys

Estate planning often focuses on what happens after we’re gone. But a complete plan also addresses what happens if you’re still here, and unable to make decisions for yourself.

Parr Richey Frandsen Patterson Kruse LLP has helped Indianapolis families establish clear lines of authority through power of attorney planning since 1899, so that a medical crisis or cognitive decline doesn’t leave your affairs in limbo.

Durable and Medical Powers of Attorney

A power of attorney is a document that grants someone you choose — your “attorney-in-fact” — legal authority to act on your behalf. Effective planning typically involves two distinct roles:

Financial power of attorney. This grants your agent authority to manage bank accounts, pay bills, handle real estate transactions, and manage investments. We draft with tax matters in mind, giving your agent the specific authority needed to handle tax filings or business succession issues if they arise. Many clients pair this document with a revocable living trust for added protection and to avoid probate delays.

Health care power of attorney. This allows your agent to make medical decisions on your behalf — including consent for surgery and end-of-life care decisions — if you’re unable to communicate your wishes.

Under Indiana law, a power of attorney is presumed to be durable unless the document states otherwise, meaning it remains in effect even if you become incapacitated.

When Does a Power of Attorney Take Effect?

Most clients choose documents that take effect immediately upon signing, which offers the most flexibility. Others prefer a springing power of attorney, which only becomes active once a specific event occurs — such as a doctor certifying incapacity. We help you weigh these options based on how much control you want to retain now versus how much protection you want built in for later.

What Happens Without a Power of Attorney

Without a valid power of attorney, a family facing a medical crisis has limited options. If you become incapacitated without these documents in place, your loved ones may need to:

• Petition for guardianship. This is a public, often expensive court process in which a judge — not your family — decides who will manage your affairs.
• Deal with financial freezes. Banks and medical providers may be unable to speak with your spouse or children, leading to unpaid bills and delayed care.
• Navigate family disagreement. Without clear documentation, disputes over your care can create lasting rifts between family members.

Putting a power of attorney in place ahead of time is usually the difference between a court battle and a smooth transition of responsibility to someone you trust.

Updating or Revoking Your Documents

Your circumstances change over time, and you have the right to revoke or update your power of attorney at any point, as long as you remain mentally competent. We make sure any changes are properly documented in writing, notarized, and communicated to the relevant financial and medical institutions, so there’s no confusion about which version is in effect.

Common Questions About Powers of Attorney in Indiana

How do I choose the right attorney to prepare my power of attorney documents? Look for a firm with genuine experience in probate and estate matters, including complex tax issues. We draft documents tailored to your specific circumstances, not generic templates.

Can you help me update or revoke an existing power of attorney? Yes. A valid revocation must be in writing and signed by you. We help make sure any new documents are properly executed and clearly supersede whatever came before them.

Protect Your Future

Planning ahead is one of the most useful things you can do for your family. Whether you need new documents drafted or want an existing plan reviewed, we can help — and our experience extends across Indiana and Illinois.

Call our Indianapolis office at 317-269-2500 or contact us online to discuss your estate and POA planning.