§ 30-5-9-9 — Persons refusing to accept authority of attorney in fact

Indiana § 30-5-9-9

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

Text

(a) Except as provided in subsection (b), a
person who, not more than three (3) business days after receiving a
power of attorney, refuses to accept the authority of an attorney in fact
to exercise a power granted under a power of attorney is liable to the
principal and to the principal's heirs, assigns, and the personal
representative of the estate of the principal in the same manner as the
person would be liable had the person refused to accept the authority
of the principal to act on the principal's own behalf. In any action
brought in court to either force the acceptance of the authority of the
attorney in fact or pursue damages as a result of the person's refusal to
accept the authority of an attorney in fact, the person found liable for
refusing to accept the authority of an attorney in fact shall pay the
following:
(1) Three (3) times the amount of the actual damages.
(2) The attorney's fees of the person bringing the action to court.
(3) Prejudgment interest on the actual damages from the date the
person refused to accept the authority of the attorney in fact.
(b) A person refusing to accept the authority of an attorney in fact
to exercise a power granted under a power of attorney is not liable
under subsection (a) if:
(1) the person has actual notice of the revocation of the power of
attorney before the exercise of the power;
(2) the duration of the power of attorney specified in the power of
attorney has expired;
(3) the person has actual knowledge of the death of the principal;
(4) the person reasonably believes that the power of attorney is
not valid under Indiana law and provides the attorney in fact with
a written statement not more than ten (10) business days after the
refusal, describing the reason that the power of attorney is not
valid under Indiana law; or
(5) the person reasonably believes that the power of attorney does
not grant the attorney in fact with authority to perform the
transaction requested and provides the attorney in fact with a
written statement not more than ten (10) business days after the
refusal, describing the reason the person believes the power of
attorney is deficient under Indiana law.
(c) This section does not negate the liability a person would have to
the principal or the attorney in fact under another form of power of
attorney, under the common law, or otherwise.

Legislative History

As added by P.L.149-1991, SEC.2. Amended by P.L.252-2001, SEC.36; P.L.165-2002, SEC.10.