reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 5. Powers of Attorney › Chapter 11. Electronic Powers of Attorney › 30-5-11-10. Prima Facie Evidence of Validity

Sec. 10. (a) An electronic record, including any accompanying document integrity evidence contained in the electronic record, is:
(1) prima facie evidence of the validity of the electronic power of attorney; and
(2) prima facie evidence of the absence of unauthorized alteration of or tampering with the electronic power of attorney.
(b) If an electronic power of attorney appears to have been executed in compliance with this chapter, a complete converted copy of the electronic power of attorney is prima facie evidence of:
(1) the validity of the electronic power of attorney; and
(2) the absence of unauthorized alteration or tampering.
(c) Except when required by an order of the court, a custodian or other person in possession of an electronic record or electronic power of attorney is not required to make or issue an affidavit of regularity concerning the custody of the electronic record for:
(1) an electronic power of attorney; or
(2) a complete converted copy of an electronic power of attorney.
(d) Notwithstanding subsection (c), any:
(1) custodian; or
(2) other person in possession of an electronic record or electronic power of attorney;
may make an affidavit of regularity if any objection is asserted or any doubt is raised regarding the validity of the electronic power of attorney or about any alleged unauthorized alteration of the electronic power of attorney.
(e) The presumption of regularity created by this section shall apply to an electronic record or an electronic power of attorney regardless of the number of custodians or other persons who:
(1) hold;
(2) receive; or
(3) transfer to another custodian, authorized person, or principal;
an electronic record or electronic power of attorney.
(f) The presumption of regularity created by this section for an electronic record or electronic power of attorney may be rebutted by:
(1) clear and convincing evidence; or
(2) evidence that the principal executed another electronic power of attorney.
As added by P.L.40-2018, SEC.4. Amended by P.L.10-2019, SEC.124.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 5. Powers of Attorney › Chapter 11. Electronic Powers of Attorney › 30-5-11-11. "Digital Asset"; "Electronic Communication"; "Custodian"; "User"; "Transaction in or Affecting Interstate or Foreign Commerce"; Exclusive Authority

Sec. 11. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39:
(1) the electronic record for an electronic power of attorney is a "digital asset" as defined in IC 32-39-1-10;
(2) the electronic record for an electronic power of attorney is not an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;
(3) the digital or electronic transfer of an electronic record for an electronic power of attorney between any two (2) persons other than the principal and principal's attorney or the principal and an attorney in fact is an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;
(4) a custodian of an electronic power of attorney is also a "custodian" as defined in IC 32-39-1-8; and
(5) the:
(A) principal of an electronic power of attorney;
(B) attorney in fact;
(C) attorney representing a principal or attorney in fact; or
(D) other person with authorized possession of or authorized access to the electronic record for an electronic power of attorney;
is a "user" for purposes of IC 32-39 if the person contracts with another person to store the electronic record for the electronic power of attorney.
(b) The execution or revocation of an electronic power of attorney may be a contract of a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-Sign Act (15 U.S.C. 7001).
(c) The execution or revocation of an electronic power of attorney is subject to IC 26-2-8 unless there is a conflict between IC 26-2-8 and any provision contained in this article. In the event of a conflict between IC 26-2-8 and a provision of this article, the provision of this article shall control.
As added by P.L.40-2018, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 1. General Provisions › 31-9-1-2. Inapplicability of Definitions

Sec. 2. Except as otherwise provided, the definitions in this article do not apply to the following:
(1) IC 31-11-3.
(2) IC 31-21 (or IC 31-17-3 before its repeal).
(3) IC 31-18.5.
(4) IC 31-19-29.
(5) IC 31-37-23.
[1997 Recodification Citation: New.]
As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.5; P.L.206-2015, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 31-1-11.5-11(a) (before its repeal, now codified at section 46 of this chapter) by P.L.170-1988 do not apply to actions filed under IC 31-1-11.5-3 (before its repeal, now codified at IC 31-15-2-2, IC 31-15-2-3, and IC 31-16-2-2) that are filed before July 1, 1988.
As added by P.L.220-2011, SEC.487.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-0.3. "Abandoned"

Sec. 0.3. "Abandoned", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-2.
As added by P.L.138-2007, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-0.4. "Abandoned Child"

Sec. 0.4. "Abandoned child", for purposes of IC 31-34-21-4 and IC 31-35-2-6.5, means a child who is, or who appears to be, not more than thirty (30) days of age and whose parent:
(1) has knowingly or intentionally left the child with an emergency medical services provider; and
(2) did not express an intent to return for the child.
As added by P.L.1-2009, SEC.154. Amended by P.L.128-2012, SEC.21.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-0.5. "Abandoned Infant"

Sec. 0.5. "Abandoned infant", for purposes of IC 31-34-21-5.6, means:
(1) a child who is less than twelve (12) months of age and whose parent, guardian, or custodian has knowingly or intentionally left the child in:
(A) an environment that endangers the child's life or health; or
(B) a hospital or medical facility;
and has no reasonable plan to assume the care, custody, and control of the child; or
(2) a child who is, or who appears to be, not more than thirty (30) days of age and whose parent:
(A) has knowingly or intentionally left the child with an emergency medical services provider; and
(B) did not express an intent to return for the child.
As added by P.L.35-1998, SEC.2. Amended by P.L.133-2000, SEC.1; P.L.217-2001, SEC.2; P.L.1-2009, SEC.155; P.L.128-2012, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-0.7. "Account"

Sec. 0.7. (a) "Account", for purposes of IC 31-25-4, has the meaning set forth in IC 31-25-4-3.
(b) "Account", for purposes of IC 31-26-1, has the meaning set forth in IC 31-26-1-1.
As added by P.L.145-2006, SEC.170.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-0.8. "Active Duty"

Sec. 0.8. "Active duty", for purposes of IC 31-14-13-6.3, IC 31-17-2-21.3, IC 31-33-8-7, and IC 31-33-14-3, means full-time service in:
(1) the armed forces of the United States (as defined in IC 5-9-4-3); or
(2) the National Guard (as defined in IC 5-9-4-4);
for a period that exceeds thirty (30) consecutive days in a calendar year.
As added by P.L.80-2010, SEC.21. Amended by P.L.81-2016, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-0.9. "Act of Rape"

Sec. 0.9. "Act of rape", for purposes of IC 31-35-3.5, means an act described in:
(1) IC 35-42-4-1; or
(2) IC 35-42-4-3(a) that:
(A) is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
(B) results in serious bodily injury; or
(C) is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
As added by P.L.64-2016, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-1. "Actual Notice"

Sec. 1. "Actual notice", for purposes of IC 31-19-3, means written notice that is actually received by the putative father.
[Pre-1997 Recodification Citation: 31-3-1-6.4(a).]
As added by P.L.1-1997, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-2. "Adoptee"

Sec. 2. "Adoptee", for purposes of IC 31-19-17 through IC 31-19-25.5, means a person who has been legally adopted.
[Pre-1997 Recodification Citation: 31-3-4-1.]
As added by P.L.1-1997, SEC.1. Amended by P.L.191-2011, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-3. "Adoption"

Sec. 3. "Adoption", for purposes of IC 31-19-17 through IC 31-19-25.5, means the judicial act of creating the relationship of parent and child where the relationship did not exist previously.
[Pre-1997 Recodification Citation: 31-3-4-2.]
As added by P.L.1-1997, SEC.1. Amended by P.L.191-2011, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-4. "Adoption Assistance State"

Sec. 4. "Adoption assistance state", for purposes of the Interstate Compact on Adoption Assistance under IC 31-19-29, has the meaning set forth in IC 31-19-29-2.
[Pre-1997 Recodification Citation: 31-3-5-2(c).]
As added by P.L.1-1997, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-5. "Adoption History"

Sec. 5. "Adoption history", for purposes of IC 31-19-17 through IC 31-19-24, means:
(1) identifying information (as defined in section 54 of this chapter);
(2) the medical history (as defined in section 78 of this chapter); and
(3) nonidentifying information (as defined in section 84 of this chapter).
[Pre-1997 Recodification Citation: 31-3-4-2.5.]
As added by P.L.1-1997, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-5.5. "Adoption Subsidy"

Sec. 5.5. "Adoption subsidy", for purposes of IC 31-19-26.5, has the meaning set forth in IC 31-19-26.5-1.
As added by P.L.146-2008, SEC.532.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-6. "Adoptive Parent"

Sec. 6. "Adoptive parent", for purposes of IC 31-19-11 and IC 31-19-17 through IC 31-19-25.5, means an adult who has become a parent of a child through adoption.
[Pre-1997 Recodification Citation: 31-3-4-3.]
As added by P.L.1-1997, SEC.1. Amended by P.L.129-2005, SEC.1; P.L.191-2011, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-7. "Adult"

Sec. 7. (a) "Adult", for purposes of IC 31-19-17 through IC 31-19-25.5, means a person who is at least twenty-one (21) years of age.
(b) "Adult", for purposes of the juvenile law, means a person other than a child.
(c) "Adult", for purposes of IC 31-11, means:
(1) a person at least eighteen (18) years of age; or
(2) a:
(A) married minor who is at least sixteen (16) years of age; or
(B) minor who has been completely emancipated by a court;
subject to specific constitutional and statutory age
requirements and health and safety regulations that remain applicable to the person because of the person's age.
[Pre-1997 Recodification Citations: subsection (a) formerly 31-3-4-4; subsection (b) formerly 31-6-1-6 part; 31-6-1-7.]
As added by P.L.1-1997, SEC.1. Amended by P.L.191-2011, SEC.4; P.L.94-2020, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-8. "Advisory Board"

Sec. 8. "Advisory board", for purposes of IC 31-31-9, refers to the juvenile detention center advisory board described in IC 31-31-9.
[Pre-1997 Recodification Citation: 31-6-9.5-1 part.]
As added by P.L.1-1997, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-8.5. "Age or Developmentally Appropriate"

Sec. 8.5. "Age or developmentally appropriate", for purposes of IC 31-34 and IC 31-37, means:
(1) activities or items that are generally:
(A) accepted as suitable for children of the same chronological age or level of maturity; or
(B) determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and
(2) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
As added by P.L.104-2015, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-9. "Alleged Father"

Sec. 9. "Alleged father", for purposes of IC 31-14, means any man claiming to be or charged with being a child's biological father.
[Pre-1997 Recodification Citation: 31-6-6.1-1.]
As added by P.L.1-1997, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-9.3. "Applicant"

Sec. 9.3. (a) "Applicant", for purposes of IC 31-25-3, IC 31-25-4, and IC 31-26-3.5, means a person who has applied for assistance for the applicant or another person.
(b) "Applicant", for purposes of IC 31-27, means a person who seeks a license to operate a child caring institution, foster family home, group home, or child placing agency.
As added by P.L.145-2006, SEC.171. Amended by P.L.146-2008, SEC.533; P.L.128-2012, SEC.23.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 9. Definitions › Chapter 2. Definitions › 31-9-2-9.4. "Application"

Sec. 9.4. "Application", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.
As added by P.L.206-2015, SEC.2.