§ 30-5-9-2 — Attorney in fact benefiting from act; individual or conflicting interests

Indiana § 30-5-9-2

• Jurisdiction: Indiana
• Art. 5: POWERS OF ATTORNEY
• Ch. 9: Liabilities

Text

(a) An attorney in fact who acts with due care
for the benefit of the principal is not liable or limited only because the
attorney in fact:
(1) also benefits from the act;
(2) has individual or conflicting interests in relation to the
property, care, or affairs of the principal; or
(3) acts in a different manner with respect to the principal's and
the attorney in fact's individual interests.
(b) A gift, bequest, transfer, or transaction is not presumed to be
valid or invalid if the gift, bequest, transfer, or transaction:
(1) is:
(A) made by the principal taking action; and
(B) not made by an attorney in fact acting for the principal
under a power of attorney; and
(2) benefits the principal's attorney in fact.

Legislative History

As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005, SEC.52.