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 […]
30-5-11-4.5. Electronic Power of Attorney; Witnesses; Self-Proving Clauses; Presence Requirement
Sec. 4.5. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) An electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter must be executed by the signatures of […]
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 […]
30-5-11-4.7. Electronic Power of Attorney; Form of Self-Proving Clause
Sec. 4.7. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) When an electronic power of attorney is executed, the power of attorney may be: (1) attested; and (2) made self-proving; by incorporating into or […]
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, […]
30-5-11-4.9. Admissibility of Recordings and Images
Sec. 4.9. (a) Subject to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure: (1) a video or audio recording of a principal captured or made either before or after the execution of an electronic power of attorney; or (2) a video recording, one (1) or more photographic images, or an audio […]
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 […]
30-5-11-5. 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.