30-5-11-5. Amendment of Electronic Power of Attorney; Revocation of Electronic Power of Attorney
Sec. 5. (a) If the principal created or last amended a power of attorney by electronically signing an electronic power of attorney, the principal may amend or revoke the power of attorney as follows: (1) By complying with a method provided in the terms of the power of attorney and making either an electronic signature […]
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.
30-5-10-0.5. Termination of Power to Exercise Authority
Sec. 0.5. Unless the power of attorney provides otherwise, an attorney in fact may exercise authority until the authority terminates under this chapter, even if time has passed since the execution of the power of attorney. As added by P.L.143-2009, SEC.32.
30-5-10-1. Revocation of Power; Record
Sec. 1. (a) Except as otherwise stated in the power of attorney, an executed power of attorney may be revoked only by a written instrument of revocation that: (1) identifies the power of attorney revoked; and (2) is signed by the principal. (b) A revocation under subsection (a) is not effective unless the attorney in […]
30-5-10-2. Specific Termination Date and Time
Sec. 2. If a power of attorney specifies a termination date and time, the power of attorney terminates at that date and time. As added by P.L.149-1991, SEC.2.
30-5-10-3. Incapacity of Principal
Sec. 3. (a) Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of the principal. (b) The incapacity of a principal who has previously executed a power of attorney that terminates on the principal’s incapacity does not revoke or terminate the power of attorney as […]
30-5-8-7. Reliance on Power of Attorney; Immunity
Sec. 7. (a) A person who acts in good faith reliance on a power of attorney is immune from liability to the same extent as if the person had dealt directly with the named principal and the named principal had been competent and not incapacitated. (b) The named attorney in fact may furnish an affidavit […]
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 […]
30-5-6-5. Notice to Health Care Providers of Power of Attorney
Sec. 5. The attorney in fact shall ascertain whether the principal has notified the principal’s health care providers that a power of attorney has been executed. If the principal has not notified the principal’s health care providers of the existence of a power of attorney, the attorney in fact shall notify the health care providers […]