reglab/housing_qa huggingface dataset:
IN Code § 30-5-4-1.3 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 4. Creation of a Power of Attorney|30-5-4-1.3. Attesting and Subscribing Witnesses; Validity

Sec. 1.3. (a) This section applies to a power of attorney executed in the presence of witnesses under section 1 of this chapter on or after March 31, 2020.(b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an attesting witness to the execution of a power of attorney. A subsequent incapacity of an attesting witness does not impair the effectiveness of a previously executed power of attorney.(c) A power of attorney executed under section 1(a)(4)(B) of this chapter is void if:(1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney as described in subsection (d); and(2) the power of attorney cannot be proved without the witness's testimony or proof of the witness's signature as a witness.(d) A person serving as a subscribing witness to the execution of a power of attorney has an interest in the power of attorney if:(1) the power of attorney names the person as the principal's attorney in fact or successor to the attorney in fact;(2) the power of attorney grants a power or beneficial interest to the person other than an appointment of the person as the principal's attorney in fact or successor to the attorney in fact; or(3) the witness is related to a person described in subdivision (1) or (2).(e) For purposes of this section, a witness is related to a person described in subdivision (1) or (2) if the person is:(1) the spouse of the witness; or(2) a descendant of the witness.As added by P.L.185-2021, SEC.19.
IN Code § 30-5-4-1.9 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 4. Creation of a Power of Attorney|30-5-4-1.9. Admissibility of Recordings and Images

Sec. 1.9. (a) Subject to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure:(1) a video or audio recording of a principal captured or made either before or after the execution of a power of attorney; or(2) a video recording, one (1) or more photographic images, or an audio recording capture made during part or all of the execution of a power of attorney;may be admissible as evidence under this section.(b) Recordings or images described in subsection (a) may be admissible as evidence of the following:(1) The proper execution of a power of attorney.(2) The intentions of the principal.(3) The mental state or capacity of a principal.(4) The authenticity of a power of attorney.(5) Matters that are determined by a court to be relevant to the probate of a power of attorney.As added by P.L.185-2021, SEC.22.
IN Code § 30-5-4-2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 4. Creation of a Power of Attorney|30-5-4-2. Time Power Becomes Effective; Incapacity of the Principal

Sec. 2. (a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney is signed in accordance with section 1(a)(4) of this chapter.(b) A power of attorney may:(1) specify the date on which the power will become effective; or(2) become effective upon the occurrence of an event.(c) If a power of attorney becomes effective upon the principal's incapacity and:(1) the principal has not authorized a person to determine whether the principal is incapacitated; or(2) the person authorized is unable or unwilling to make the determination;the power of attorney becomes effective upon a determination that the principal is incapacitated that is set forth in a writing or other record by a physician, licensed psychologist, or judge.(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may:(1) act as the principal's personal representative under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 201 et seq.) and any rules or regulations issued under that act; and(2) obtain access to the principal's health care information and communicate with the principal's health care provider.As added by P.L.149-1991, SEC.2. Amended by P.L.101-2008, SEC.10; P.L.143-2009, SEC.27; P.L.185-2021, SEC.23.
IN Code § 30-5-4-3 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 4. Creation of a Power of Attorney|30-5-4-3. More Than One Attorney in Fact; Independent Actions; Failure or Cessation of Service

Sec. 3. (a) Except as otherwise stated in the power of attorney, if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty.(b) Except as otherwise stated in the power of attorney, if:(1) more than one (1) attorney in fact is named; and(2) one (1) attorney in fact fails to serve or ceases to serve;the remaining attorney in fact may continue to act under the power of attorney without a successor for the attorney in fact who failed to serve or ceased to serve.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-4-4 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 4. Creation of a Power of Attorney|30-5-4-4. Failure or Cessation of Service; Circumstances; Successor Attorney in Fact; Powers

Sec. 4. (a) Except as stated otherwise in the power of attorney, an attorney in fact fails to serve or ceases to serve when:(1) the attorney in fact dies;(2) the attorney in fact resigns;(3) the attorney in fact is adjudged incapacitated by a court;(4) the attorney in fact cannot be located upon reasonable inquiry;(5) the attorney in fact, if at one time the principal's spouse, legally is no longer the principal's spouse; or(6) a physician familiar with the condition of the current attorney in fact certifies in writing to the immediate successor attorney in fact that the current attorney in fact is unable to transact a significant part of the business required under the power of attorney.(b) Except as stated otherwise in the power of attorney, if the replaced attorney in fact reappears or is subsequently able to transact business, the successor attorney in fact shall remain as the attorney in fact.(c) Except as otherwise stated in the power of attorney, an attorney in fact designated as a successor has the powers granted under the power of attorney to the original attorney in fact.(d) Unless a power of attorney provides a different method for an attorney in fact's resignation, an attorney in fact may resign by giving notice to the principal and, if the principal is incapacitated:(1) to:(A) the principal's guardian, if a guardian has been appointed for the principal; and(B) a co-attorney in fact or successor attorney in fact; or(2) if there is no person described in subdivision (1), to:(A) the principal's caregiver;(B) another person reasonably believed by the attorney in fact to have sufficient interest in the principal's welfare; or(C) a governmental agency having authority to protect the welfare of the principal.As added by P.L.149-1991, SEC.2. Amended by P.L.143-2009, SEC.28; P.L.6-2010, SEC.21.
IN Code § 30-5-4-5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 4. Creation of a Power of Attorney|30-5-4-5. Reimbursement of Expenses; Fee for Services

Sec. 5. (a) Except as stated otherwise in the power of attorney, an attorney in fact is entitled to reimbursement of all reasonable expenses advanced by the attorney in fact on behalf of the principal.(b) Except as otherwise stated in the power of attorney, an attorney in fact is entitled to a reasonable fee for services rendered. The attorney in fact shall, not later than twelve (12) months after the date the service is rendered, notify the principal in writing of the amount claimed as compensation for rendering the service.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-5-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-1. Incorporation of Powers; References; Similar or Overlapping Powers; Modification

Sec. 1. (a) An attorney in fact has a power granted under this chapter if the power of attorney incorporates the power by:(1) referring to the descriptive language in sections 2 through 19 of this chapter; or(2) citing to a specific section of sections 2 through 19 of this chapter.(b) Reference in a power of attorney to the descriptive language in sections 2 through 19 of this chapter shall be construed as though the entire section is set out in full in the power of attorney.(c) If powers are similar or overlap, the broadest power controls.(d) A power of attorney may in writing delete from, add to, or modify in any manner a power incorporated by reference, including the power to make gifts under section 9 of this chapter.As added by P.L.149-1991, SEC.2. Amended by P.L.165-2002, SEC.7.
IN Code § 30-5-5-4.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-4.5. Retirement Plans

Sec. 4.5. (a) Language conferring general authority with respect to retirement plans means the principal authorizes the attorney in fact to:(1) make contributions, including rollover contributions, or cause contributions to be made on behalf of the principal to any retirement plan, including any:(A) pension;(B) profit sharing or stock bonus plan;(C) individual retirement arrangement;(D) individual retirement account described in Section 408(A) of the Internal Revenue Code;(E) deferred compensation plan;(F) qualified plan under Section 403(b) of the Internal Revenue Code; or(G) other qualified or nonqualified retirement plan, arrangement, or annuity in which the principal is a participant or a beneficiary;(2) establish at least one (1) individual retirement account or other retirement plan in the principal's name;(3) elect a form of payment of benefits from a retirement plan and withdraw benefits from a retirement plan;(4) exercise investment powers available under a retirement plan;(5) designate at least one (1) beneficiary or contingent beneficiary for any benefits payable under a retirement plan on account of the principal's death and change any earlier designation of beneficiary;(6) borrow from, sell assets to, and purchase assets from the retirement plan if authorized by the retirement plan; and(7) waive the right of the principal to be a beneficiary of a joint or survivor annuity.(b) The powers described in this section are equally exercisable with respect to a retirement plan established or operated in Indiana or another jurisdiction and:(1) owned by the principal;(2) in which the principal was a participant; or(3) of which the principal was a beneficiary;when the powers are given or after the powers are given.(c) A power of attorney executed before July 1, 2005, that confers general authority with respect to all other matters under section 19 of this chapter, includes general authority with respect to retirement plans as described in this section.As added by P.L.238-2005, SEC.48.
IN Code § 30-5-5-6.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-6.5. Definitions

Sec. 6.5. (a) The following definitions apply throughout this section:(1) "Account" means any account that a specified adult may access or use to transact business.(2) "All other matters" has the meaning set forth in IC 30-5-5-19.(3) "Financial exploitation" means:(A) the unlawful or unauthorized taking, withholding, appropriation, or use of a specified adult's funds or securities; or(B) any:(i) act;(ii) omission;(iii) use of a power of attorney;(iv) use of a guardianship; or(v) use of any other legal authority concerning a specified adult;to obtain control over the specified adult's money, assets, or property or to convert the specified adult's money, assets, or property through use of deception, intimidation, or undue influence.(4) "Specified adult" means:(A) a person not less than sixty-five (65) years of age; or(B) a person who:(i) is at least eighteen (18) years of age; and(ii) has a mental or physical impairment that prohibits the person from protecting the person's interests.(5) "Trusted contact person" means a person who may be contacted about matters concerning a specified adult's account.(b) Language conferring general authority concerning financial exploitation authorizes the attorney in fact to do one (1) or more of the following:(1) Serve as the trusted contact person for the principal.(2) Designate or change the trusted contact person for a specified adult.(3) Authorize a person described in subdivision (1) or (2) to:(A) receive notice of financial exploitation; or(B) act on behalf of a specified adult in response to financial exploitation.(4) Act to prevent, stop, correct, or remediate account losses incurred as a result of financial exploitation.(c) A power of attorney that:(1) is executed before July 1, 2019; and(2) confers general authority with respect to all other matters;also confers general authority to address any issues concerning the financial exploitation of an account.As added by P.L.231-2019, SEC.38.
IN Code § 30-5-5-7.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-7.5. Transfer on Death Transfers

Sec. 7.5. (a) Language conferring general authority with respect to transfer on death or payable on death transfers means the principal authorizes the attorney in fact to do the following:(1) Establish one (1) or more transfer on death transfers or payable on death transfers.(2) Designate, amend, remove, modify, or change any designation of beneficiary in a transfer on death transfer or payable on death transfer, including those created by the principal before or after the execution of the power of attorney.(3) Terminate any transfer on death transfer or payable on death transfer.(4) Add to or withdraw from any transfer on death transfer or payable on death transfer.(5) Exercise any right or authority that the principal may have in a transfer on death transfer or payable on death transfer during the principal's lifetime.(b) The powers described in this section are equally exercisable with respect to transfer on death transfers and payable on death transfers that are established or operated in Indiana or another jurisdiction.(c) A power of attorney that is executed before July 1, 2009, and that confers general authority with respect to all other matters under section 19 of this chapter also confers general authority with respect to transfer on death transfers and payable on death transfers as described in this section.As added by P.L.143-2009, SEC.29.
IN Code § 30-5-5-9 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-9. Gift Transactions

Sec. 9. (a) Language conferring general authority with respect to gift transactions means the principal authorizes the attorney in fact to do the following:(1) Make gifts to organizations, charitable or otherwise, to which the principal has made gifts, and satisfy pledges made to organizations by the principal.(2) Make gifts on behalf of the principal to the principal's spouse, children, and other descendants or the spouse of a child or other descendant, either outright or in trust, for purposes the attorney in fact considers to be in the best interest of the principal, including the minimization of income, estate, inheritance, or gift taxes. The attorney in fact or a person that the attorney in fact has a legal obligation to support may not be the recipient of gifts in one (1) year that total more than the amount allowed as an exclusion from gifts under Section 2503 of the Internal Revenue Code.(3) Prepare, execute, consent to on behalf of the principal, and file a return, report, declaration, or other document required by the laws of the United States, a state, a subdivision of a state, or a foreign government that the attorney in fact considers desirable or necessary with respect to a gift made under the authority of this section.(4) Execute, acknowledge, seal, and deliver a deed, an assignment, an agreement, an authorization, a check, or other instrument the attorney in fact considers useful to accomplish a purpose permitted under this section.(5) Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in favor of or against the principal based on or involving a gift transaction, or intervene in a related action or proceeding.(6) Hire, discharge, and compensate an attorney, accountant, expert witness, or other assistant when the attorney in fact considers the action to be desirable for the proper execution by the attorney in fact of a power described in this section and keep needed records.(7) Perform any other acts the attorney in fact considers desirable or necessary to complete a gift on behalf of the principal.(b) The powers described in this section are exercisable equally with respect to a gift of property in which the principal is interested at the time of the giving of the power of attorney or becomes interested in after that time, whether conducted in Indiana or in another jurisdiction.As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005, SEC.50.
IN Code § 30-5-5-10 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-10. Fiduciary Transactions

Sec. 10. (a) Language conferring general authority with respect to fiduciary transactions means the principal authorizes the attorney in fact to do the following if the principal has the authority to delegate:(1) Apply for and procure, in the name of the principal, letters of administration, letters testamentary, letters of guardianship, or any other type of judicial or administrative authority to act as a fiduciary.(2) Represent and act for the principal in all ways and in all matters affecting a fund with respect to which the principal is a fiduciary.(3) Initiate, participate in, and oppose a proceeding, judicial or otherwise, for the removal, substitution, or surcharge of a fiduciary, conserve, invest, or disburse anything received for the purposes of the fund for which it is received, and reimburse the attorney in fact for expenditures properly made by the attorney in fact in the execution of powers conferred on the attorney in fact.(4) Agree and contract in any manner and on any terms with a person the attorney in fact selects to accomplish a purpose permitted under this section and perform, rescind, reform, release, or modify an agreement or contract made by or on behalf of the principal.(5) Execute, acknowledge, verify, seal, file, and deliver a consent, a designation, a pleading, a notice, a demand, an election, a conveyance, a release, an assignment, a pledge, a check, a waiver, an admission of service, a notice of appearance, or other instrument the attorney in fact considers useful to accomplish a purpose permitted under this section.(6) Hire, discharge, and compensate an attorney, accountant, expert witness, or other assistant when the attorney in fact considers the action to be desirable for the proper execution by the attorney in fact of a power described in this section and keep needed records.(7) Perform any other acts with respect to a fund of which the principal is a fiduciary.(b) The powers described in this section are exercisable equally with respect to a fund of which the principal is a fiduciary at the time of the giving of the power of attorney or becomes a fiduciary after that time, whether located in Indiana or in another jurisdiction.(c) As used in this section, "fiduciary" means a trustee, personal representative, guardian, attorney in fact, custodian, escrow agent, or person similarly authorized to act primarily for the benefit of another person.(d) As used in this section, "fund" means any asset, including real or personal property, in which a principal has an interest as a fiduciary.(e) The powers granted in this section apply:(1) to a fund existing at the time the power of attorney is executed;(2) to a fund created after the power of attorney is executed; and(3) whether or not the fund is located in Indiana.As added by P.L.149-1991, SEC.2. Amended by P.L.51-2014, SEC.27.
IN Code § 30-5-5-14.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-14.5. Powers of Attorney in Fact Under Language Conferring General Authority With Respect to Electronic Records, Reports, and Statements

Sec. 14.5. (a) Language conferring general authority with respect to electronic records, reports, and statements authorizes the attorney in fact to do the following:(1) Gain access to any computer, storage device, network, communications device, or other computing machinery that the principal owns, leases, or otherwise has license to access.(2) Gain access to any user account the principal maintains with an online service provider.(3) Access, retrieve, copy, or store:(A) the content of an electronic communication of the principal;(B) a catalogue of electronic communications sent or received by the principal; or(C) any other digital asset in which the principal has a right or interest.(4) Perform any act in connection with the preparation, execution, filing, storage, or other use of electronic records, reports, and statements of or concerning the principal's affairs that the attorney in fact may perform in connection with the preparation, execution, filing, storage, or other use of written records, reports, and statements of or concerning the principal's affairs.(b) The powers described in this section are exercisable equally with respect to electronic records, reports, or statements of or concerning the affairs of the principal at the time of the giving of the power of attorney or are created after that time, whether arising in Indiana or in another jurisdiction.As added by P.L.137-2016, SEC.13.
IN Code § 30-5-5-15 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-15. Estate Transactions

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.