§ 30-5-5-11 — Claims and litigation

Indiana § 30-5-5-11

• Jurisdiction: Indiana
• Art. 5: POWERS OF ATTORNEY
• Ch. 5: Powers

Text

(a) Language conferring general authority
with respect to claims and litigation means the principal authorizes the
attorney in fact to do the following:
(1) Assert and prosecute before a court, an administrative board,
a department, a commissioner, or other tribunal, a cause of action,
a claim, a counterclaim, an offset, or a defense that the principal
has or claims to have against an individual, a partnership, an
association, a government, a person, or an instrumentality,
including the power to sue for the following:
(A) The recovery of land or a thing of value.
(B) The recovery of damages sustained by the principal in any
manner.
(C) The elimination or modification of tax liability.
(D) An injunction.
(E) Specific performance.
(F) Any other relief.
(2) Bring an action of interpleader or other action to determine
adverse claims, intervene or interplead in an action or proceeding,
and act in litigation as amicus curiae.
(3) In connection with an action, a proceeding, or a controversy
at law or otherwise, apply for and, if possible, procure a libel, an
attachment, a garnishment, an order of arrest, or other
preliminary, provisional, or intermediate relief and resort to and
use in all ways permitted by law an available procedure to satisfy
a judgment, an order, or a decree.
(4) In connection with an action or a proceeding at law, or
otherwise, perform an act the principal might perform, including
an acceptance of tender, an offer of judgment, an admission of
facts, a submission of controversy on an agreed statement of facts,
a consent to examination before trial, and the general binding of
the principal in the conduct of litigation or controversy as the
attorney in fact considers desirable.
(5) Submit to arbitration, settle, and propose or accept a
compromise with respect to a claim existing in favor of or against
the principal or litigation to which the principal is, may become,
or may be designated a party.
(6) Waive the issuance and service of a summons, citation, or
other process upon the principal, accept service of process, appear
for the principal, designate persons upon whom process directed
to the principal may be served, execute and file or deliver
stipulations on the principal's behalf, verify pleadings, appeal to
appellate tribunals, procure and give surety and indemnity bonds
at the times and to the extent the attorney in fact considers
desirable or necessary, contract and pay for the preparation and
printing of records and briefs, receive and execute and file or
deliver a consent, a waiver, a release, a confession of judgment,
a satisfaction of judgment, a notice, an agreement, or other
instrument the attorney in fact considers desirable or necessary in
connection with the prosecution, settlement, or defense of a claim
by or against the principal or of litigation to which the principal
is, may become, or may be designated a party.
(7) Appear for, represent, and act for the principal with respect to
bankruptcy or insolvency proceedings, whether voluntary or
involuntary, whether of the principal or another person, with
respect to a reorganization proceeding, a receivership, or an
application for the appointment of a receiver or trustee that affects
an interest of the principal in real property, a bond, a share, a
commodity interest, tangible personal property, or other thing of
value.
(8) Hire, discharge, and compensate an attorney, accountant,
expert witness, or other assistant when the attorney in fact
considers the action to be desirable for the execution of a power
permitted under this section.
(9) Pay, from funds in the control of the attorney in fact or the
account of the principal, a judgment against the principal or a
settlement that may be made in connection with a transaction
permitted under this section, receive and conserve money or other
things of value paid in settlement of or as proceeds of a
transaction permitted under this section, and receive, endorse, and
deposit checks.
(10) Perform other acts in connection with a claim by or against
the principal or litigation to which the principal is, may become,
or may be designated a party.
(b) The powers described in this section are exercisable equally with
respect to a claim or litigation existing at the time of the giving of the
power of attorney or arising after that time, whether located in Indiana
or in another jurisdiction.

Legislative History

As added by P.L.149-1991, SEC.2.