reglab/housing_qa huggingface dataset:
IN Code § 30-5-5-16 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-16. Health Care Powers; Religious Tenets; Funeral Planning Declaration

Sec. 16. (a) This section does not prohibit an individual capable of consenting to the individual's own health care or to the health care of another from consenting to health care administered in good faith under the religious tenets and practices of the individual requiring health care.(b) Language conferring general authority with respect to health care powers means the principal authorizes the attorney in fact to do the following:(1) Employ or contract with servants, companions, or health care providers to care for the principal.(2) Consent to or refuse health care for the principal who is an individual in accordance with IC 16-36-4 and IC 16-36-1 by properly executing and attaching to the power of attorney a declaration or appointment, or both.(3) Admit or release the principal from a hospital or health care facility.(4) Have access to records, including medical records, concerning the principal's condition.(5) Make anatomical gifts on the principal's behalf.(6) Request an autopsy.(7) Make plans for the disposition of the principal's body, including executing a funeral planning declaration on behalf of the principal in accordance with IC 29-2-19.(c) Notwithstanding any other law, a document granting health care powers to an attorney in fact for health care may not be executed under this chapter after December 31, 2022. However, if a power of attorney that is executed after December 31, 2022, is written to grant both:(1) health care powers; and(2) nonhealth care powers under this chapter;to an attorney in fact, the health care powers are void, but all other powers granted by the power of attorney will remain effective and enforceable under this article.As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993, SEC.154; P.L.143-2009, SEC.30; P.L.81-2015, SEC.20; P.L.50-2021, SEC.74.
IN Code § 30-5-5-17 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-17. Consent to or Refusal of Health Care

Sec. 17. (a) If the attorney in fact has the authority to consent to or refuse health care under section 16(b)(2) of this chapter, the attorney in fact may be empowered to ask in the name of the principal for health care to be withdrawn or withheld when it is not beneficial or when any benefit is outweighed by the demands of the treatment and death may result. To empower the attorney in fact to act under this section, the following language must be included in an appointment under IC 16-36-1 or IC 16-36-7 in substantially the same form set forth below:I authorize my health care representative to make decisions in my best interest concerning withdrawal or withholding of health care. If at any time based on my previously expressed preferences and the diagnosis and prognosis my health care representative is satisfied that certain health care is not or would not be beneficial or that such health care is or would be excessively burdensome, then my health care representative may express my will that such health care be withheld or withdrawn and may consent on my behalf that any or all health care be discontinued or not instituted, even if death may result.My health care representative must try to discuss this decision with me. However, if I am unable to communicate, my health care representative may make such a decision for me, after consultation with my physician or physicians and other relevant health care givers. To the extent appropriate, my health care representative may also discuss this decision with my family and others to the extent they are available.(b) Nothing in this section may be construed to authorize euthanasia.As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993, SEC.155; P.L.32-2021, SEC.88; P.L.50-2021, SEC.75.
IN Code § 30-5-5-18 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-18. Delegation of Authority

Sec. 18. Language conferring general authority with respect to delegating authority means the principal authorizes the attorney in fact to delegate in writing to one (1) or more persons any or all powers given to the attorney in fact by the power of attorney. An action taken by a person holding delegated authority under this section binds the principal and persons who are obligated under IC 30-5-8 to obey instructions issued by the attorney in fact who delegated the authority, even if the attorney in fact who delegated the authority fails to serve or ceases to serve as provided under IC 30-5-4-4 unless:(1) the principal revokes the delegation of authority;(2) the delegation of authority by the attorney in fact is revoked by another attorney in fact who:(A) is named in the power of attorney; and(B) currently has authority and priority to act for the principal;(3) the power of attorney expires or is otherwise invalid or unenforceable; or(4) the power of attorney or the document in which the attorney delegates authority specifically provides that the delegation of authority is terminated when the attorney in fact who delegated the authority fails to serve or ceases to serve as provided under IC 30-5-4-4.As added by P.L.149-1991, SEC.2. Amended by P.L.51-2014, SEC.28.
IN Code § 30-5-5-19 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 5. Powers|30-5-5-19. All Other Matters

Sec. 19. Language conferring general authority with respect to all other matters means the principal authorizes the attorney in fact to act as an alter ego of the principal with respect to all possible matters and affairs affecting property owned by the principal that the principal can perform through an attorney in fact.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-6-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 6. Duties of the Attorney in Fact|30-5-6-1. Exercise of Powers Not Required

Sec. 1. The attorney in fact is not required to exercise the powers granted under the power of attorney or to assume control of or responsibility for any of the principal's property, care, or affairs, regardless of the principal's physical or mental condition.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-6-2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 6. Duties of the Attorney in Fact|30-5-6-2. Due Care to Act for Benefit of Principal

Sec. 2. Except as otherwise stated in the power of attorney, the attorney in fact shall use due care to act for the benefit of the principal under the terms of the power of attorney.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-6-3 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 6. Duties of the Attorney in Fact|30-5-6-3. Fiduciary Capacity; Exercise of All Powers

Sec. 3. An attorney in fact shall exercise all powers granted under the power of attorney in a fiduciary capacity.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-6-4.1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 6. Duties of the Attorney in Fact|30-5-6-4.1. Judicial Review and Settlement of an Account; Attorney in Fact

Sec. 4.1. (a) An attorney in fact is entitled to judicial review and settlement of an account of all transactions entered into by the attorney in fact, whether or not:(1) the attorney in fact's authority under the power of attorney has been revoked; or(2) a request for an accounting is made under section 4(c) of this chapter.(b) Judicial review and settlement of an account is initiated upon the filing of a petition to settle and allow an account. The petition must be filed with the court exercising probate jurisdiction for the county in which the principal resides. Except as otherwise provided by this section, the procedures under IC 30-4-5-14(b), IC 30-4-5-14(c), IC 30-4-5-14(d), and IC 30-4-5-15 applicable to judicial settlement of a trustee's account govern:(1) the filing of objections; and(2) all proceedings;on the petition.(c) A petition to settle and allow an account must be served upon all the following that are applicable:(1) The principal.(2) Any guardian appointed for the principal.(3) Any successor attorney in fact.(4) If the principal is deceased and a personal representative has been appointed:(A) the personal representative;(B) any other fiduciary of the principal, if applicable; and(C) any person beneficially interested in the decedent's estate.(5) If the principal is deceased and a personal representative has not been appointed, the principal's heirs at law.(6) If the principal is deceased and the principal's will is probated without administration:(A) the personal representative named in the probated will; and(B) all persons or entities beneficially interested in the probated will.(7) Any other person that the court directs.(d) An attorney in fact is discharged from liability as to the transactions disclosed in the accounting if:(1) the court reviews and approves the accounting; and(2) notice of the court's approval of the accounting is provided to:(A) the principal, if the principal is not deceased; or(B) the principal's representatives, whether or not the principal is deceased.(e) In the absence of fraud, misrepresentation, inadequate disclosure, or failure to provide proper notice related to the power of attorney transactions, the discharge from liability under subsection (d) is lawful and binding upon all interested persons:(1) who would assert an interest on behalf of or through the principal; and(2) who are:(A) born or unborn;(B) notified or not notified; or(C) represented or not represented.(f) The filing fee for a petition to settle and allow an account filed under this section is a legitimate expense of the principal or the principal's estate.As added by P.L.81-2015, SEC.21.
IN Code § 30-5-6-4.2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 6. Duties of the Attorney in Fact|30-5-6-4.2. Claim Against an Attorney in Fact; Right to Recover

Sec. 4.2. (a) This section applies to a claim against an attorney in fact by:(1) the principal;(2) the principal's guardian;(3) the principal's personal representative; or(4) any person claiming through the principal following death.(b) Except as provided in subsection (c), any claim against an attorney in fact that has not previously been barred by adjudication under section 4.1 of this chapter, by consent or by limitation, is barred against any person described in subsection (a) who:(1) receives an accounting of all transactions entered into by the attorney in fact:(A) personally, if the person is an adult; or(B) through receipt by a parent or guardian, if the person is a minor or person with a disability; and(2) does not commence a proceeding under IC 30-5-9-11 not later than two (2) years after receiving the accounting;as to the matters disclosed in the accounting.(c) The rights to recover from an attorney in fact for fraud, misrepresentation, or inadequate disclosure related to a power of attorney accounting are not barred under this section.As added by P.L.81-2015, SEC.22.
IN Code § 30-5-6-4.5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 6. Duties of the Attorney in Fact|30-5-6-4.5. Attorney in Fact's Authority to Hire Persons; Cost Incurred to Defend Actions of Attorney in Fact

Sec. 4.5. (a) An attorney in fact has the authority to employ persons, including:(1) attorneys;(2) accountants;(3) investment advisers; and(4) agents;to assist the attorney in fact in the performance of the attorney in fact's fiduciary duties. Any reasonable costs incurred with regard to services rendered for the benefit of the principal shall be paid from the principal's asset holdings.(b) Except as provided in subsection (c), if an accounting is requested as set forth in section 4 of this chapter, or a petition to settle and allow an account is filed under section 4.1 of this chapter, costs incurred by the attorney in fact:(1) to defend the actions of the attorney in fact on behalf of the principal with regard to the preparation of the accounting; and(2) to defend any other actions of the attorney in fact on behalf of the principal;shall be paid from the principal's asset holdings.(c) If a court determines that an attorney in fact:(1) breached the attorney in fact's fiduciary duty or obligation to the principal; or(2) was engaged in self-dealing activities with the principal's asset holdings;the court may determine that the attorney in fact is responsible for the payment of the costs incurred under subsection (b).As added by P.L.165-2002, SEC.9. Amended by P.L.81-2015, SEC.23.
IN Code § 30-5-6-5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 6. Duties of the Attorney in Fact|30-5-6-5. Notice to Health Care Providers of Power of Attorney

Sec. 5. The attorney in fact shall ascertain whether the principal has notified the principal's health care providers that a power of attorney has been executed. If the principal has not notified the principal's health care providers of the existence of a power of attorney, the attorney in fact shall notify the health care providers of the existence of the power of attorney.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-7-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 7. Duties of Health Care Providers|30-5-7-1. Application of Chapter

Sec. 1. This chapter applies to a health care provider with whom an attorney in fact deals under a power of attorney.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-7-2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 7. Duties of Health Care Providers|30-5-7-2. Medical Records

Sec. 2. (a) A health care provider furnished with a copy of a declaration under IC 16-36-4 or an appointment under IC 16-36-1 or IC 16-36-7 shall make the documents a part of the principal's medical records.(b) If a change in or termination of a power of attorney becomes known to the health care provider, the change or termination shall be noted in the principal's medical records.As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993, SEC.156; P.L.50-2021, SEC.76.
IN Code § 30-5-7-3 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 7. Duties of Health Care Providers|30-5-7-3. Patient Lacking Capacity to Give Informed Consent; Consultation With Attorney in Fact

Sec. 3. Whenever a health care provider believes a patient may lack the capacity to give informed consent to health care the provider considers necessary, the provider shall consult with the attorney in fact who has power to act for the patient under IC 16-36-4, IC 16-36-1, IC 16-36-7, or this article.As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993, SEC.157; P.L.50-2021, SEC.77.
IN Code § 30-5-7-4 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 7. Duties of Health Care Providers|30-5-7-4. Compliance With Decision of Attorney in Fact; Comfort Care; Unwillingness to Comply

Sec. 4. (a) A health care provider shall comply with a health care decision made by an attorney in fact under a power of attorney if the decision is communicated to the provider. A health care provider may continue to administer treatment for the principal's comfort care or the alleviation of pain in addition to treatment made under the decision of the attorney in fact.(b) If a health care provider is unwilling to comply with a health care decision made by the attorney in fact, the provider shall do the following:(1) Notify the attorney in fact of the provider's unwillingness to comply with the decision.(2) Promptly take all steps necessary to transfer the responsibility for the principal's health care to another health care provider designated by the attorney in fact.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-7-5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 7. Duties of Health Care Providers|30-5-7-5. Access to Medical Records by Attorney in Fact; Release of Information

Sec. 5. (a) A health care provider shall give an attorney in fact authorized to receive information under a power of attorney the same access as the principal has to examine and copy the principal's medical records, including records relating to mental health and other medical conditions held by a physician, psychiatrist, psychologist, therapist, hospital, nursing home, or other provider. The access to records shall be given at the principal's expense and may be subject to reasonable rules of the provider to prevent disruption of the principal's health care.(b) An attorney in fact may release information obtained under subsection (a) to any person authorized to receive the information under IC 16-39.As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993, SEC.158.
IN Code § 30-5-7-6 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 7. Duties of Health Care Providers|30-5-7-6. Anatomical Gifts, Autopsies, or Remains Disposition

Sec. 6. If a power of attorney authorizes the attorney in fact to:(1) make an anatomical gift on behalf of the principal;(2) authorize an autopsy of the principal's remains; or(3) direct the disposition of the principal's remains;the anatomical gift, autopsy, or remains disposition shall be considered the act of the principal or of the person who has priority under law to make the necessary decisions. Each person to whom the attorney in fact communicates a direction shall comply with the direction.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-8-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 8. Reliance Upon a Power of Attorney|30-5-8-1. Effect of Acts Performed Under Power of Attorney

Sec. 1. All acts performed by an attorney in fact under a power of attorney have the same effect, provide the same benefit, and bind the principal and the principal's successors in interest in the same manner as if the principal were competent, not incapacitated, and had acted on the principal's own behalf.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-8-2 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 8. Reliance Upon a Power of Attorney|30-5-8-2. Presumption of Validity; Actual Knowledge of Invalidity

Sec. 2. A written power of attorney that purports to be signed by the principal named in the power of attorney is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the power was not validly executed.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-8-3 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 8. Reliance Upon a Power of Attorney|30-5-8-3. Signature of Attorney in Fact as Attestation; Conclusive Proof

Sec. 3. A signature of the attorney in fact that identifies the principal and the attorney in fact, or a similar written disclosure, is an attestation and is conclusive proof to a party relying on the attestation, except a party with actual knowledge that the attestation is false, that:(1) the principal was competent at the time the power of attorney was executed;(2) the attorney in fact does not have actual knowledge of the termination of the power of attorney;(3) in the case of a successor attorney in fact, the original attorney in fact has failed or ceased to serve, and the successor attorney in fact is empowered to act on behalf of the principal; and(4) if the effective date of the power of attorney begins upon the occurrence of a certain event, the event has occurred and the attorney in fact is able to act under the power of attorney.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-8-4 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 8. Reliance Upon a Power of Attorney|30-5-8-4. Investigation Not Required

Sec. 4. A person relying on the power of attorney or the attestation of the attorney in fact is not required to investigate any of the following:(1) Whether the power of attorney is valid.(2) Whether the attorney in fact is authorized to act.(3) What the attorney in fact does with property delivered to the attorney in fact.As added by P.L.149-1991, SEC.2.
IN Code § 30-5-8-5 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 8. Reliance Upon a Power of Attorney|30-5-8-5. Copy of Power of Attorney; Certification

Sec. 5. A copy of the power of attorney has the same force and effect as the original power of attorney if the attorney in fact or the person granting the power of attorney certifies that the copy is a true and correct copy.As added by P.L.149-1991, SEC.2. Amended by P.L.42-2012, SEC.2.
IN Code § 30-5-8-6 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 8. Reliance Upon a Power of Attorney|30-5-8-6. Concurrent Appointments; Independent Execution

Sec. 6. Subject to IC 16-36-7, appointments made under this article, IC 16-36-4, IC 16-36-1, and IC 16-36-7 can be made concurrently and will be given full effect under the law. However, the appointments may be executed independently and remain valid in their own right.As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993, SEC.159; P.L.50-2021, SEC.78.
IN Code § 30-5-8-7 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 8. Reliance Upon a Power of Attorney|30-5-8-7. Reliance on Power of Attorney; Immunity

Sec. 7. (a) A person who acts in good faith reliance on a power of attorney is immune from liability to the same extent as if the person had dealt directly with the named principal and the named principal had been competent and not incapacitated.(b) The named attorney in fact may furnish an affidavit to a person that states, to the best knowledge of the attorney in fact:(1) that the instrument relied on by the person is a true copy of the power of attorney;(2) that the named principal is alive;(3) that the power of attorney was validly granted and executed;(4) that the relevant powers granted to the attorney in fact have not been altered or terminated;(5) in the case of a successor attorney in fact, that the original attorney in fact has failed or ceased to serve and the successor attorney in fact is empowered to act on behalf of the principal; and(6) if the effective date of the power of attorney begins upon the occurrence of a certain event, that the event has occurred and the attorney in fact is authorized to act under the power of attorney.(c) A person who:(1) relies on an affidavit described in subsection (b); and(2) acts in good faith;is immune from liability that might otherwise arise from the person's action in reliance on the power of attorney that is the subject of the affidavit.As added by P.L.238-2005, SEC.51.
IN Code § 30-5-9-1 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 5. Powers of Attorney|Chapter 9. Liabilities|30-5-9-1. Negligent Exercise of Power; Bad Faith

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.