February 17, 2012
SENATE BILL No. 157
DIGEST OF SB 157
(Updated February 16, 2012 10:58 am - DI 106)
Citations Affected: IC 30-5; noncode.
Synopsis: Power of attorney and attorney in fact. Provides that a copy
of the power of attorney has the same force and effect as the original
power of attorney if the person granting the power of attorney certifies
that the copy is a true and correct copy. Specifies that a child of the
principal may request an accounting with respect to transactions
entered into by an attorney in fact. Urges the legislative council to
study issues related to powers of attorney during the 2012 interim.
Effective: July 1, 2012.
(HOUSE SPONSORS _ FOLEY, KOCH)
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
January 23, 2012, amended, reported favorably _ Do Pass.
January 26, 2012, read second time, ordered engrossed.
January 27, 2012, engrossed.
January 31, 2012, read third time, passed. Yeas 50, nays 0.
January 9, 2012, read first time and referred to Committee on Judiciary.
February 14, 2012, reported _ Do Pass.
February 16, 2012, read second time, amended, ordered engrossed.
February 17, 2012
Second Regular Session 117th General Assembly (2012)
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between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 157
A BILL FOR AN ACT to amend the Indiana Code concerning civil
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 30-5-6-4; (12)ES0157.2.1. -->
SECTION 1. IC 30-5-6-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The attorney in fact shall keep
complete records of all transactions entered into by the attorney in fact
on behalf of the principal:
(1) for six (6) years after the date of the transaction; or
(2) until the records are delivered to the successor attorney in fact;
whichever occurs first.
(b) Except as otherwise stated in the power of attorney, the attorney
in fact is not required to render an accounting. The attorney in fact shall
render a written accounting if an accounting is ordered by a court,
requested by the principal, a guardian appointed for the principal, a
child of the principal, or, upon the death of the principal, the personal
representative of the principal's estate, or an heir or legatee of the
(c) An attorney in fact shall deliver an accounting requested under
subsection (b) to:
(1) the principal;
(2) a guardian appointed for the principal;
(3) the personal representative of the principal's estate;
(4) an heir of the principal after the death of the principal; or
(5) a legatee of the principal after the death of the principal;
not later than sixty (60) days after the date the attorney in fact receives
the written request for an accounting. In the event of the principal's
death, an accounting under this subsection must be requested not later
than nine (9) months after the date of the principal's death.
(d) Not more than one (1) accounting is required under this section
in each twelve (12) month period unless the court, in its discretion,
orders additional accountings.
(e) If an attorney in fact fails to deliver an accounting as required
under subsection (c), the person requesting the accounting may initiate
an action in mandamus to compel the attorney in fact to render the
accounting. The court may award the attorney's fees and court costs
incurred under this subsection to the person requesting the accounting
if the court finds that the attorney in fact failed to render an accounting
as required under this section without just cause.
SOURCE: IC 30-5-8-5; (12)ES0157.2.2. -->
SECTION 2. IC 30-5-8-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: 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.
SOURCE: ; (12)ES0157.2.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2012] (a) The general
assembly urges the legislative council to assign to an existing study
committee, for study during the 2012 legislative interim, the topic
of powers of attorney.
(b) This SECTION expires December 31, 2012.