Power of Attorney (POA)

INPRS will honor requests and directions from a lawful holder of a Power of Attorney document for a member. This person is known as the attorney-in-fact. The POA document must grant the attorney-in-fact the authority to transact whatever type of business is requested. For instance, if the POA document grants the attorney-in-fact broad discretion to handle all banking and financial transactions, the fund will accept directions regarding benefit check delivery. If, on the other hand, the attorney-in-fact is granted what is known as a Health Care POA document, they will not have the authority to direct INPRS on any matter, including updates to personal account information, like a change of address.

If a member wishes to name Power of Attorney for fund business only, without incurring the expense of legal counsel, INPRS will provide a Power of Attorney form. However, please note that this Power of Attorney will apply only to fund business and is not valid for general public use.

If an attorney-in-fact attempts to act on behalf of a member, INPRS will require a copy of the POA document. If a copy of the document is not in the member's file, INPRS will deny the requested transaction. The denial will then be returned to the attorney-in-fact, requesting proof of legal authority for the attorney-in-fact to act on the member's behalf.

Please note that Indiana law has very specific requirements for a Power of Attorney to be valid. The member's signature must be witnessed and attested to by a Notary Public. The Notary Public must also sign the document along with their printed name and the notarial seal. The POA documents INPRS receives must have a visible seal. Depending on your circumstances, INPRS may also require the completion of a POA Certification form.

Members retain the right to act on their own behalf even if powers are also granted to an attorney-in-fact.

• Download our Limited Power of Attorney Form.

Guardianship

INPRS will honor requests and directions from a legally appointed guardian of the estate of a member.

Before INPRS can recognize acts of a guardian, we must receive copies of the Letters of Guardianship and/or other official court documents appointing the guardian. The guardianship documents INPRS receives must have a visible seal. Only the guardian of the "estate" of the member, the person with the power to handle financial matters (as opposed to the guardian of the "person," who is responsible for the physical well-being of a member), may direct INPRS.

Guardians are appointed only when a member is declared incompetent by a court of law. Therefore the member, while under active guardianship, is unable to act on their own behalf. INPRS will not recognize acts of members under active guardianship until provided proof that the member's right to act on his or her own behalf has been restored.

• Download our Conservatorship/Guardian Form.