Second Regular Session 117th General Assembly (2012)
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SENATE ENROLLED ACT No. 157
AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 30-5-6-4; (12)SE0157.1.1. -->
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)SE0157.1.2. -->
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)SE0157.1.3. -->
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.
SEA 157 _ Concur
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