§ 30-5-8-7 — Reliance on power of attorney; immunity

Indiana § 30-5-8-7

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

Text

(a) A person who acts in good faith reliance on
a power of attorney is immune from liability to the same extent as if the
person had dealt directly with the named principal and the named
principal had been competent and not incapacitated.
(b) The named attorney in fact may furnish an affidavit to a person
that states, to the best knowledge of the attorney in fact:
(1) that the instrument relied on by the person is a true copy of the
power of attorney;
(2) that the named principal is alive;
(3) that the power of attorney was validly granted and executed;
(4) that the relevant powers granted to the attorney in fact have
not been altered or terminated;
(5) in the case of a successor attorney in fact, that 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
(6) if the effective date of the power of attorney begins upon the
occurrence of a certain event, that the event has occurred and the
attorney in fact is authorized to act under the power of attorney.
(c) A person who:
(1) relies on an affidavit described in subsection (b); and
(2) acts in good faith;
is immune from liability that might otherwise arise from the person's
action in reliance on the power of attorney that is the subject of the
affidavit.

Legislative History

As added by P.L.238-2005, SEC.51.