reglab/housing_qa huggingface dataset:
IN Code § 30-5-9-2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-2. Attorney in Fact Benefiting From Act; Individual or Conflicting Interests

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.
IN Code § 30-5-9-3 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-3. Amended or Terminated Power of Attorney

Sec. 3. The attorney in fact is not liable for actions taken under an amended or terminated power of attorney if the attorney in fact does not have actual knowledge of the amendment or termination.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-9-4 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-4. Errors of Judgment; Actions or Defaults of Other Persons

Sec. 4. The attorney in fact is not liable for a loss due to an error of judgment or for the act or default of another person.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-9-5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-5. Exoneration Clauses

Sec. 5. The principal may provide in the power of attorney that the attorney in fact is liable only if the attorney in fact acts in bad faith. This exoneration is binding on the principal and the principal's successors in interest.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-9-6 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-6. Successor Attorney in Fact Not Liable for Acts of Predecessor

Sec. 6. A successor attorney in fact who is named in a power of attorney to succeed an attorney in fact who fails or ceases to serve is not liable for the actions taken by a previous attorney in fact.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-9-7 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-7. Co-Attorneys in Fact

Sec. 7. If two (2) or more attorneys in fact are authorized to act on behalf of a principal, an attorney in fact who did not join in or consent to the action of one (1) or more of the co-attorneys in fact is not liable for the action. Failure to object to an action is not consent to the action.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-9-8 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-8. Good Faith Purchasers; Persons Accepting Authority of Attorney in Fact

Sec. 8. (a) A good faith purchaser from a person who has obtained an interest in property from an attorney in fact is not liable to the principal, the heirs or assigns of the principal, or the personal representative of the estate of the principal.(b) A person accepting the authority of an attorney in fact to exercise a power granted under a power of attorney is not liable to the principal, the heirs and assigns of the principal, or the personal representative of the principal if:(1) the person has no actual notice of the revocation of the power of attorney before the transaction;(2) the person has no actual knowledge of the death of the principal; or(3) the person has no actual knowledge that the duration of the power of attorney specified in the power of attorney, if a duration is specified, has not expired.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-9-9 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-9. Persons Refusing to Accept Authority of Attorney in Fact

Sec. 9. (a) Except as provided in subsection (b), a person who, not more than three (3) business days after receiving a power of attorney, refuses to accept the authority of an attorney in fact to exercise a power granted under a power of attorney is liable to the principal and to the principal's heirs, assigns, and the personal representative of the estate of the principal in the same manner as the person would be liable had the person refused to accept the authority of the principal to act on the principal's own behalf. In any action brought in court to either force the acceptance of the authority of the attorney in fact or pursue damages as a result of the person's refusal to accept the authority of an attorney in fact, the person found liable for refusing to accept the authority of an attorney in fact shall pay the following:(1) Three (3) times the amount of the actual damages.(2) The attorney's fees of the person bringing the action to court.(3) Prejudgment interest on the actual damages from the date the person refused to accept the authority of the attorney in fact.(b) A person refusing to accept the authority of an attorney in fact to exercise a power granted under a power of attorney is not liable under subsection (a) if:(1) the person has actual notice of the revocation of the power of attorney before the exercise of the power;(2) the duration of the power of attorney specified in the power of attorney has expired;(3) the person has actual knowledge of the death of the principal;(4) the person reasonably believes that the power of attorney is not valid under Indiana law and provides the attorney in fact with a written statement not more than ten (10) business days after the refusal, describing the reason that the power of attorney is not valid under Indiana law; or(5) the person reasonably believes that the power of attorney does not grant the attorney in fact with authority to perform the transaction requested and provides the attorney in fact with a written statement not more than ten (10) business days after the refusal, describing the reason the person believes the power of attorney is deficient under Indiana law.(c) This section does not negate the liability a person would have to the principal or the attorney in fact under another form of power of attorney, under the common law, or otherwise.As added by P.L.149-1991, SEC.2. Amended by P.L.252-2001, SEC.36; P.L.165-2002, SEC.10.
IN Code § 30-5-9-10 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-10. Health Care Providers; Persons Acting in Good Faith Reliance on Direction or Decision of Attorney in Fact

Sec. 10. A health care provider or other person who acts in good faith reliance on a direction or decision of an attorney in fact that is not clearly contrary to the terms of the power of attorney is protected and released from liability to the same extent as the provider or other person would be protected or released if the provider or other person had dealt directly with the principal as a fully competent person. In addition, the following rules shall be applied to protect and validate the acts of the attorney in fact and provider or other person:(1) A health care provider or other person is not subject to civil or criminal liability or discipline for unprofessional conduct for complying with a direction or decision by the attorney in fact, even if death or injury to the principal results.(2) If the actions of a health care provider who fails to comply with a direction or decision of the attorney in fact are substantially in accord with reasonable medical standards at the time of reference and the provider promptly transfers the principal to another health care provider, the provider is not subject to civil or criminal liability or discipline for failure to comply with the attorney in fact.(3) If the principal's death results from withholding or withdrawing health care in accordance with the terms of a power of attorney, the death is not a suicide or homicide for any purpose under a statute or rule of law and does not impair or invalidate an insurance, annuity, or other type of contract that is conditioned on the life or death of the principal, a term of the contract notwithstanding.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-9-11 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-11. Liability of an Attorney in Fact

Sec. 11. An attorney in fact that violates this article is liable to the principal or the principal's successors in interest for damages and an amount required to reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid as a result of the violation.As added by P.L.143-2009, SEC.31.
IN Code § 30-5-10-0.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 10. Termination of the Power of Attorney|30-5-10-0.5. Termination of Power to Exercise Authority

Sec. 0.5. Unless the power of attorney provides otherwise, an attorney in fact may exercise authority until the authority terminates under this chapter, even if time has passed since the execution of the power of attorney.As added by P.L.143-2009, SEC.32.
IN Code § 30-5-10-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 10. Termination of the Power of Attorney|30-5-10-1. Revocation of Power; Record

Sec. 1. (a) Except as otherwise stated in the power of attorney, an executed power of attorney may be revoked only by a written instrument of revocation that:(1) identifies the power of attorney revoked; and(2) is signed by the principal.(b) A revocation under subsection (a) is not effective unless the attorney in fact or other person has actual knowledge of the revocation.(c) If an executed power of attorney was recorded under IC 30-5-3-3, the revocation of the power of attorney must:(1) be recorded; and(2) reference the book and page or instrument number where the instrument creating the power of attorney is recorded.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-10-2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 10. Termination of the Power of Attorney|30-5-10-2. Specific Termination Date and Time

Sec. 2. If a power of attorney specifies a termination date and time, the power of attorney terminates at that date and time.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-10-3 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 10. Termination of the Power of Attorney|30-5-10-3. Incapacity of Principal

Sec. 3. (a) Except as otherwise stated in the power of attorney, a power of attorney is not terminated by the incapacity of the principal.(b) The incapacity of a principal who has previously executed a power of attorney that terminates on the principal's incapacity does not revoke or terminate the power of attorney as to the attorney in fact or other person who, without actual knowledge of the incapacity of the principal, acts in good faith under the power. Unless otherwise invalid or unenforceable, an action taken under this subsection binds the principal and the principal's successors in interest.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-10-4 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 10. Termination of the Power of Attorney|30-5-10-4. Death of Principal; Missing or Missing in Action; Attorney in Fact Retains Authority Over Anatomical Gifts, Autopsy, and Disposition of Body

Sec. 4. (a) Except as provided in subsections (b) and (c), a power of attorney terminates on the death of the principal.(b) The death of a principal who has executed a written power of attorney does not revoke or terminate the power of attorney as to the attorney in fact or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Unless otherwise invalid or unenforceable, an action taken under this subsection binds the principal and the principal's successors in interest.(c) The death of a principal who executes a written power of attorney does not revoke or terminate the power of attorney as to authority granted under IC 30-5-5-16(b)(5) through IC 30-5-5-16(b)(7). An action taken under this subsection binds the principal and the principal's successors in interest, unless the action is inconsistent with a written directive executed by the principal before the principal's death.(d) Notice from the United States Department of Defense of the death of a principal who has given a power of attorney is official notice of the death of the principal. A report or listing of the principal's being missing or missing in action does not do any of the following:(1) Constitute and may not be interpreted as actual notice of the death of the principal.(2) Terminate the power of attorney.As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005, SEC.53.
IN Code § 30-5-11-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 11. Electronic Powers of Attorney|30-5-11-1. Purpose of Chapter; Presumptions

Sec. 1. The purpose of this chapter is to provide rules for the valid execution, amendment, and revocation of powers of attorney that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a principal whose identity can be verified, who has capacity, and who is acting free from undue duress and undue influence may execute a valid electronic power of attorney consistent with the principal's intent. If an electronic power of attorney is electronically signed by the principal and is maintained as an electronic record or as a complete converted copy in compliance with this chapter, the normal presumptions that apply to a traditional paper power of attorney apply to the electronic power of attorney.As added by P.L.40-2018, SEC.4.
IN Code § 30-5-11-2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 11. Electronic Powers of Attorney|30-5-11-2. Exclusive Authority; Application of Other Statutes

Sec. 2. (a) Except as provided in subsection (b), electronic powers of attorney are exclusively governed by this chapter.(b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, interpretation, storage, or use of an electronic power of attorney, the applicable statute from this article applies to the electronic power of attorney.As added by P.L.40-2018, SEC.4.
IN Code § 30-5-11-4 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 11. Electronic Powers of Attorney|30-5-11-4. Creation of Electronic Power of Attorney

Sec. 4. (a) A principal, or person acting at the principal's direction, may create a valid power of attorney by electronically signing an electronic power of attorney:(1) in the presence of a notary; or(2) in the presence of witnesses under sections 4.3, 4.5, 4.7, and 4.9 of this chapter.(b) The:(1) principal;(2) attorney in fact under the electronic power of attorney;(3) attorney representing the principal or attorney in fact; or(4) other person authorized by the principal;may use the electronic record to make a complete converted copy of the electronic power of attorney on or near the time of its execution or at a later time when the full electronic record is available.(c) A complete converted copy derived from a complete and correct electronic power of attorney may be offered and admitted into evidence as though it were an original and traditional paper power of attorney without the need for additional proof or evidence of authenticity. Whenever this article permits or requires an attorney in fact to provide a copy of a power of attorney to an interested person, the attorney in fact may provide a complete converted copy of the electronic power of attorney. A complete and converted copy is conclusive evidence of the power of attorney's terms unless otherwise determined by a court in an order entered upon notice to all interested persons and after an opportunity for a hearing.As added by P.L.40-2018, SEC.4. Amended by P.L.185-2021, SEC.25.
IN Code § 30-5-11-4.1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 11. Electronic Powers of Attorney|30-5-11-4.1. Certain Powers of Attorney Created in Reliance on Supreme Court Order

Sec. 4.1. (a) This section applies to a power of attorney that is electronically signed and notarized:(1) on or after March 31, 2020; and(2) before January 1, 2022.(b) If a power of attorney described in subsection (a) was electronically signed and notarized by a notary public using audiovisual communication technology to positively identify the principal or someone signing at the principal's direction, the resulting power of attorney must be treated as validly executed under this chapter if it complies with all other requirements of section 4 of this chapter as they existed on June 30, 2020.As added by P.L.185-2021, SEC.26.
IN Code § 30-5-11-4.3 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 11. Electronic Powers of Attorney|30-5-11-4.3. Certain Electronic Powers of Attorney Created in Reliance on Supreme Court Order

Sec. 4.3. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) 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 an electronic power of attorney, and the witness's subsequent incapacity will not impair the effectiveness of the power of attorney.(c) An electronic power of attorney is void if:(1) a subscribing witness to the execution of the power of attorney has an interest in the power of attorney; and(2) the power of attorney cannot be proved without the witness's testimony of proof or the witness's signature.(d) For purposes of this section, a person serving as a subscribing witness to the execution of an electronic power of attorney has an interest in an electronic 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 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 subsection (d)(1) or (d)(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.27.
IN Code § 30-5-11-4.9 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 11. Electronic Powers of Attorney|30-5-11-4.9. Admissibility of Recordings and Images

Sec. 4.9. (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 an electronic power of attorney; or(2) a video recording, one (1) or more photographic images, or an audio recording captured or made during part or all of the execution of an electronic power of attorney;may be admissible as evidence under this section.(b) Recordings for images described in subsection (a) may be admissible as evidence of the following:(1) The proper execution of an electronic power of attorney.(2) The intentions of the principal.(3) The mental state or capacity of a principal.(4) The authenticity of an electronic power of attorney.(5) Matters that are determined by a court to be relevant to the probate of an electronic power of attorney.As added by P.L.185-2021, SEC.30.
IN Code § 30-5-11-7 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 11. Electronic Powers of Attorney|30-5-11-7. Delivery of Electronic Power of Attorney Following Death of Principal

Sec. 7. (a) After a principal's death becomes known to a custodian or other person in possession or control of:(1) the electronic record associated with the principal's electronic power of attorney; or(2) a complete converted copy of the principal's electronic power of attorney;the custodian or other person in possession of an item described in subdivision (1) or (2) shall deliver the item to the attorney in fact.(b) A custodian or other person in possession of an item described in subsection (a)(1) or (a)(2) may use any commercially reasonable method of delivery to comply with this section.As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.122.
IN Code § 30-5-11-8 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 11. Electronic Powers of Attorney|30-5-11-8. "Destroy"; Destruction of Electronic Power of Attorney

Sec. 8. (a) As used in this section, "destroy" means any action that:(1) permanently deletes the electronic record associated with an electronic power of attorney; or(2) renders the electronic record associated with an electronic power of attorney unreadable and nonretrievable.(b) Any custodian or attorney holding an electronic power of attorney may destroy the electronic record associated with an electronic power of attorney and any accompanying document integrity evidence at any time after the fifth anniversary of the principal's death.(c) Notwithstanding subsection (b), this section does not require a custodian, attorney, or other person in possession of a complete converted copy of an electronic power of attorney to destroy the complete converted copy of the electronic power of attorney.As added by P.L.40-2018, SEC.4.