SB 157-1_ Filed 01/23/2012, 11:27
The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred Senate Bill
No. 157, has had the same under consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (12)AM015701.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 30-5-6-4; (12)AM015701.1. -->
"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.".
Renumber all SECTIONS consecutively.
(Reference is to SB 157 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 8, Nays 0.
Senator Steele, Chairperson
AM 015701/DI 106 2012