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 in a different manner with respect to the principal's and the attorney in fact's individual interests.
(b) A gift, bequest, transfer, or transaction is not presumed to be valid or invalid if the gift, bequest, transfer, or transaction:
(1) is:
(A) made by the principal taking action; and
(B) not made by an attorney in fact acting for the principal under a power of attorney; and
(2) benefits the principal's attorney in fact.
As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005, SEC.52.
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