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 IC 30-5-5-17 only if the attorney in fact acted in bad faith.
As added by P.L.149-1991, SEC.2. Amended by P.L.1-2006, SEC.495.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
30-5-9-1. Negligent Exercise of Power; Bad Faith
30-5-9-2. Attorney in Fact Benefiting From Act; Individual or Conflicting Interests
30-5-9-3. Amended or Terminated Power of Attorney
30-5-9-4. Errors of Judgment; Actions or Defaults of Other Persons
30-5-9-6. Successor Attorney in Fact Not Liable for Acts of Predecessor
30-5-9-7. Co-Attorneys in Fact
30-5-9-8. Good Faith Purchasers; Persons Accepting Authority of Attorney in Fact
30-5-9-9. Persons Refusing to Accept Authority of Attorney in Fact