§ 30-5-5-12 — Family maintenance

Indiana § 30-5-5-12

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

Text

(a) Language conferring general authority
with respect to family maintenance means the principal authorizes the
attorney in fact to do the following:
(1) Perform acts necessary for maintaining the customary standard
of living of the spouse, children, and other persons customarily
supported by the principal, including the power to provide the
following:
(A) Living quarters by purchase, lease, or other contract, or by
payment of operating costs, including interest, amortization
payments, repairs, and taxes on premises owned by the
principal and occupied by the principal's family or dependents.
(B) Normal domestic help for the operation of the household.
(C) Usual vacation and travel expenses.
(D) Usual educational facilities.
(E) Funds for all the current living costs of the spouse, children,
and other dependents, including shelter, clothing, food, and
incidentals.
(2) Pay for necessary medical, dental, and surgical care,
hospitalization and custodial care for the spouse, children, and
other dependents of the principal.
(3) Continue provisions made by the principal before or after the
execution of the power of attorney for the principal's spouse,
children, and other persons customarily supported by the principal
with respect to automobiles or other means of transportation,
including the power to license, insure, and replace automobiles
owned by the principal and customarily used by the spouse,
children, or other persons customarily supported by the principal.
(4) Continue charge accounts that have been operated by the
principal before or after the execution of the power of attorney for
the convenience of the principal's spouse, children, or other
persons customarily supported by the principal, open new
accounts the attorney in fact considers desirable to accomplish a
purpose permitted under this section and pay the items charged on
those accounts by a person authorized or permitted by the
principal to make charges prior to the execution of the power of
attorney.
(5) Continue payments incidental to membership or affiliation of
the principal in a church, a club, a society, an order, or other
organization and continue contributions to those organizations.
(6) Demand, receive, or obtain by action or proceeding money or
other things of value to which the principal is or may become
entitled as salary, wages, commission, or other remuneration for
services performed, as a dividend or distribution on a stock, as
interest or principal on an indebtedness, or as a periodic
distribution of profits for a partnership or business in which the
principal has or claims an interest and endorse, collect, or
otherwise realize upon an instrument for the payment received.
(7) Use an asset of the principal for the performance of a power
permitted under this section, including the power to draw money
by check or otherwise from a bank deposit of the principal, sell an
interest in real property, a bond, a share, a commodity interest,
tangible personal property, or other asset of the principal, borrow
money and pledge as security for a loan an asset, including
insurance, that belongs to the principal.
(8) Execute, acknowledge, verify, seal, file, and deliver an
application, a consent, a petition, a notice, a release, a waiver, an
agreement, or other instrument that the attorney in fact considers
useful to accomplish a purpose permitted under this section.
(9) 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 proper execution by
the attorney in fact of a power described in this section and keep
needed records.
(10) Perform any other acts for the welfare of the spouse,
children, or other persons customarily supported by the principal
or for the preservation and maintenance of other personal
relationships of the principal to parents, relatives, friends, and
organizations as are appropriate.
(b) The powers described in this section are exercisable equally
whether the acts required for their execution relate to real or personal
property owned by the principal at the time of the giving of the power
of attorney or acquired after that time, whether located in Indiana or in
another jurisdiction.

Legislative History

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