§ 30-5-8-3 — Signature of attorney in fact as attestation; conclusive proof

Indiana § 30-5-8-3

• Jurisdiction: Indiana
• Art. 5: POWERS OF ATTORNEY
• Ch. 8: Reliance Upon a Power of Attorney

Text

A signature of the attorney in fact that identifies
the principal and the attorney in fact, or a similar written disclosure, is
an attestation and is conclusive proof to a party relying on the
attestation, except a party with actual knowledge that the attestation is
false, that:
(1) the principal was competent at the time the power of attorney
was executed;
(2) the attorney in fact does not have actual knowledge of the
termination of the power of attorney;
(3) in the case of a successor attorney in fact, the original attorney
in fact has failed or ceased to serve, and the successor attorney in
fact is empowered to act on behalf of the principal; and
(4) if the effective date of the power of attorney begins upon the
occurrence of a certain event, the event has occurred and the
attorney in fact is able to act under the power of attorney.

Legislative History

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