Making a Will and a Power of Attorney
IC 29-1-5-3 — signed by the person and at least two witnesses, in each other's presence
Anyone of sound mind who is eighteen or older, or younger and serving in the armed forces or merchant marine, may make a will.
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
In the presence of two or more witnesses, the person indicates the document is the person's will and signs it, acknowledges a signature already made, or has someone sign at the person's direction and in the person's presence; the witnesses sign in the presence of the person and of each other. No attestation clause is required for a valid will.
A power of attorney is valid where it is in writing, names an attorney in fact, gives that person power to act for the principal, and is signed by the principal, or at the principal's direction, before a notary public or before witnesses as the chapter provides.
Sources for this section (3)
- IC 29-1-5-1 — Sound mind; age; armed forces
- IC 29-1-5-3 — Signatures; counterpart; video
- IC 30-5-4-1 — Validity of power; conditions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.