Sec. 4.2. (a) This section applies to a claim against an attorney in fact by:
(1) the principal;
(2) the principal's guardian;
(3) the principal's personal representative; or
(4) any person claiming through the principal following death.
(b) Except as provided in subsection (c), any claim against an attorney in fact that has not previously been barred by adjudication under section 4.1 of this chapter, by consent or by limitation, is barred against any person described in subsection (a) who:
(1) receives an accounting of all transactions entered into by the attorney in fact:
(A) personally, if the person is an adult; or
(B) through receipt by a parent or guardian, if the person is a minor or person with a disability; and
(2) does not commence a proceeding under IC 30-5-9-11 not later than two (2) years after receiving the accounting;
as to the matters disclosed in the accounting.
(c) The rights to recover from an attorney in fact for fraud, misrepresentation, or inadequate disclosure related to a power of attorney accounting are not barred under this section.
As added by P.L.81-2015, SEC.22.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 6. Duties of the Attorney in Fact
30-5-6-1. Exercise of Powers Not Required
30-5-6-2. Due Care to Act for Benefit of Principal
30-5-6-3. Fiduciary Capacity; Exercise of All Powers
30-5-6-4. Records of Transactions; Accounting
30-5-6-4.1. Judicial Review and Settlement of an Account; Attorney in Fact
30-5-6-4.2. Claim Against an Attorney in Fact; Right to Recover
30-5-6-5. Notice to Health Care Providers of Power of Attorney