Section 30-5-4-2 - Time power becomes effective; incapacity of the principal(a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney is signed in accordance with section 1(a)(4) of this chapter.(b) A power of attorney may: (1) specify the date on which the power will become effective; or(2) become effective upon the occurrence of an event.(c) If a power of attorney becomes effective upon the principal's incapacity and:(1) the principal has not authorized a person to determine whether the principal is incapacitated; or(2) the person authorized is unable or unwilling to make the determination; the power of attorney becomes effective upon a determination that the principal is incapacitated that is set forth in a writing or other record by a physician, licensed psychologist, or judge.
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may:(1) act as the principal's personal representative under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 201 et seq.) and any rules or regulations issued under that act; and(2) obtain access to the principal's health care information and communicate with the principal's health care provider.Amended by P.L. 185-2021,SEC. 23, eff. 4/29/2021.As added by P.L. 149-1991, SEC.2. Amended by P.L. 101-2008, SEC.10; P.L. 143-2009, SEC.27.