§ 30-5-6-4 — Records of transactions; accounting

Indiana § 30-5-6-4

• Jurisdiction: Indiana
• Art. 5: POWERS OF ATTORNEY
• Ch. 6: Duties of the Attorney in Fact

Text

(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:
(1) stated in the power of attorney; or
(2) required by subsection (c);
the attorney in fact is not required to render an accounting.
(c) Except as provided in subsection (f), the attorney in fact shall
render a written accounting if an accounting is ordered by a court or
requested by:
(1) the principal;
(2) a guardian appointed for the principal;
(3) a child of the principal, unless a court finds that such a
rendering is not in the best interests of the principal;
(4) a person who jointly owns an account with the principal; or
(5) upon the death of the principal, the personal representative of
the principal's estate or an heir or legatee of the principal.
(d) Except as provided in subsection (f), an attorney in fact shall
deliver an accounting requested under subsection (c) to:
(1) the principal;
(2) a guardian appointed for the principal;
(3) the personal representative of the principal's estate;
(4) a person who jointly owns an account with the principal;
(5) an heir of the principal after the death of the principal;
(6) a legatee of the principal after the death of the principal; or
(7) a child of the principal, unless a court finds that such a
delivery is not in the best interests of the principal.
(e) Except as provided in subsection (f)(2), an attorney in fact shall
deliver an accounting ordered or requested under subsection (c) to the
court or the person requesting the accounting not later than sixty (60)
days after the date the attorney in fact receives the court order or
written request for an accounting.
(f) In the case of a principal who has died, the following apply:
(1) The court may order an accounting under subsection (c) at any
time.
(2) In the absence of a court ordered accounting, an attorney in
fact is not required to deliver an accounting to a person described
in subsection (d)(2) through (d)(7) unless the person requests the
accounting not later than nine (9) months after the date of the
principal's death.
(3) The delivery deadline set forth in subsection (e) applies to a
written request for an accounting that is timely submitted under
subdivision (2).
(g) 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.
(h) If an attorney in fact fails to deliver an accounting as required
under this section, 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.

Legislative History

As added by P.L.149-1991, SEC.2. Amended by P.L.77-1998, SEC.1; P.L.252-2001, SEC.35; P.L.165-2002, SEC.8; P.L.42-2012, SEC.1; P.L.51-2014, SEC.29; P.L.151-2019, SEC.1.