30-5-9-7. Co-Attorneys in Fact
Sec. 7. If two (2) or more attorneys in fact are authorized to act on behalf of a principal, an attorney in fact who did not join in or consent to the action of one (1) or more of the co-attorneys in fact is not liable for the action. Failure to object to an action […]
30-5-9-8. Good Faith Purchasers; Persons Accepting Authority of Attorney in Fact
Sec. 8. (a) A good faith purchaser from a person who has obtained an interest in property from an attorney in fact is not liable to the principal, the heirs or assigns of the principal, or the personal representative of the estate of the principal. (b) A person accepting the authority of an attorney in […]
30-5-9-9. Persons Refusing to Accept Authority of Attorney in Fact
Sec. 9. (a) Except as provided in subsection (b), a person who, not more than three (3) business days after receiving a power of attorney, refuses to accept the authority of an attorney in fact to exercise a power granted under a power of attorney is liable to the principal and to the principal’s heirs, […]
30-5-9-10. Health Care Providers; Persons Acting in Good Faith Reliance on Direction or Decision of Attorney in Fact
Sec. 10. A health care provider or other person who acts in good faith reliance on a direction or decision of an attorney in fact that is not clearly contrary to the terms of the power of attorney is protected and released from liability to the same extent as the provider or other person would […]
30-5-9-11. Liability of an Attorney in Fact
Sec. 11. An attorney in fact that violates this article is liable to the principal or the principal’s successors in interest for damages and an amount required to reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid as a result of the violation. As added by P.L.143-2009, SEC.31.
30-5-9-4. Errors of Judgment; Actions or Defaults of Other Persons
Sec. 4. The attorney in fact is not liable for a loss due to an error of judgment or for the act or default of another person. As added by P.L.149-1991, SEC.2.
30-5-9-5. Exoneration Clauses
Sec. 5. The principal may provide in the power of attorney that the attorney in fact is liable only if the attorney in fact acts in bad faith. This exoneration is binding on the principal and the principal’s successors in interest. As added by P.L.149-1991, SEC.2.
30-5-9-6. Successor Attorney in Fact Not Liable for Acts of Predecessor
Sec. 6. A successor attorney in fact who is named in a power of attorney to succeed an attorney in fact who fails or ceases to serve is not liable for the actions taken by a previous attorney in fact. As added by P.L.149-1991, SEC.2.
30-5-9-1. Negligent Exercise of Power; Bad Faith
Sec. 1. (a) An attorney in fact is liable for the negligent exercise of the power of attorney, except for the exercise of the attorney in fact’s power under IC 30-5-5-16 or IC 30-5-5-17. (b) An attorney in fact is liable for the exercise of authority or failure to exercise authority under IC 30-5-5-16 or […]
30-5-9-2. Attorney in Fact Benefiting From Act; Individual or Conflicting Interests
Sec. 2. (a) An attorney in fact who acts with due care for the benefit of the principal is not liable or limited only because the attorney in fact: (1) also benefits from the act; (2) has individual or conflicting interests in relation to the property, care, or affairs of the principal; or (3) acts […]