Bill Text: IN SB0157 | 2012 | Regular Session | Engrossed
Bill Title: Power of attorney and attorney in fact.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2012-03-14 - Signed by the Governor [SB0157 Detail]
Download: Indiana-2012-SB0157-Engrossed.html
Citations Affected: IC 30-5.
Synopsis: Power of attorney and attorney in fact. Provides that a copy
of the power of attorney has the same force and effect as the original
power of attorney if the person granting the power of attorney certifies
that the copy is a true and correct copy. Specifies that a child of the
principal may request an accounting with respect to transactions
entered into by an attorney in fact.
Effective: July 1, 2012.
(HOUSE SPONSORS _ FOLEY, KOCH)
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 23, 2012, amended, reported favorably _ Do Pass.
January 26, 2012, read second time, ordered engrossed.
January 27, 2012, engrossed.
January 31, 2012, read third time, passed. Yeas 50, nays 0.
January 9, 2012, read first time and referred to Committee on Judiciary.
February 14, 2012, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning civil
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(1) for six (6) years after the date of the transaction; or
(2) until the records are delivered to the successor attorney in fact;
whichever occurs first.
(b) Except as otherwise stated in the power of attorney, the attorney in fact is not required to render an accounting. The attorney in fact shall render a written accounting if an accounting is ordered by a court, requested by the principal, a guardian appointed for the principal, a child of the principal, or, upon the death of the principal, the personal representative of the principal's estate, or an heir or legatee of the principal.
(c) An attorney in fact shall deliver an accounting requested under subsection (b) to:
(1) the principal;
(2) a guardian appointed for the principal;
(3) the personal representative of the principal's estate;
(4) an heir of the principal after the death of the principal; or
(5) a legatee of the principal after the death of the principal;
not later than sixty (60) days after the date the attorney in fact receives the written request for an accounting. In the event of the principal's death, an accounting under this subsection must be requested not later than nine (9) months after the date of the principal's death.
(d) Not more than one (1) accounting is required under this section in each twelve (12) month period unless the court, in its discretion, orders additional accountings.
(e) If an attorney in fact fails to deliver an accounting as required under subsection (c), the person requesting the accounting may initiate an action in mandamus to compel the attorney in fact to render the accounting. The court may award the attorney's fees and court costs incurred under this subsection to the person requesting the accounting if the court finds that the attorney in fact failed to render an accounting as required under this section without just cause.
