Sec. 15. (a) Language conferring general authority with respect to estate transactions means the principal authorizes the attorney in fact to do the following:
(1) Accept, receipt for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim, and recover a legacy, bequest, devise, gift, or other property interest or payment due or payable to or for the principal.
(2) Assert an interest in and exercise power over a trust, an estate, or property subject to fiduciary control.
(3) Establish a revocable trust solely for the benefit of the principal that terminates at the death of the principal.
(4) Exercise all powers with respect to estates and trusts the principal could exercise. However, the attorney in fact may not make or change a will.
(b) In exercising powers of amendment or revocation, or powers to expend or withdraw property passing by trust, contract, or beneficiary designation at the principal's death, including specifically bequeathed property, joint accounts, life insurance, trusts, and retirement plans, the attorney in fact shall take the principal's estate plan into account to the extent the estate plan is known to the attorney in fact.
(c) The attorney in fact is not liable to a beneficiary of the principal's estate plan for an action performed under this section unless the attorney in fact acts in bad faith.
(d) The attorney in fact may:
(1) have access to; and
(2) copy, but not hold;
the principal's will, trusts, and other personal records to the extent necessary for the attorney in fact to act under this section.
As added by P.L.149-1991, SEC.2.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
30-5-5-1. Incorporation of Powers; References; Similar or Overlapping Powers; Modification
30-5-5-2. Real Property Transactions
30-5-5-3. Tangible Personal Property Transactions
30-5-5-4. Bond, Share, and Commodity Transactions
30-5-5-5. Banking Transactions
30-5-5-6. Business Operating Transactions
30-5-5-7. Insurance Transactions
30-5-5-7.5. Transfer on Death Transfers
30-5-5-8. Beneficiary Transactions
30-5-5-10. Fiduciary Transactions
30-5-5-11. Claims and Litigation
30-5-5-13. Benefits From Military Service
30-5-5-14. Records, Reports, and Statements
30-5-5-15. Estate Transactions
30-5-5-16. Health Care Powers; Religious Tenets; Funeral Planning Declaration
30-5-5-17. Consent to or Refusal of Health Care