§ 32-17-14-17 — Powers of an attorney in fact, a guardian, a conservator, or an agent

Indiana § 32-17-14-17

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 17: INTERESTS IN PROPERTY
• Ch. 14: Transfer on Death Property Act

Text

(a) An attorney in fact, guardian,
conservator, or other agent acting on the behalf of the owner of
property may make, revoke, or change a beneficiary designation if:
(1) the action complies with the terms of this chapter and any
other applicable law; and
(2) the action is not expressly forbidden by the document
establishing the agent's right to act on behalf of the owner.
(b) An attorney in fact, guardian, conservator, or other agent may
withdraw, sell, pledge, or otherwise transfer property that is subject to
a beneficiary designation notwithstanding the fact that the effect of the
transaction may be to extinguish a beneficiary's right to receive a
transfer of the property at the death of the owner.
(c) The rights of a beneficiary to any part of property that is subject
to a beneficiary designation after the death of the owner are determined
under IC 29-3-8-6.5 if:
(1) a guardian or conservator takes possession of the property;
(2) the guardian sells, transfers, encumbers, or consumes the
property during the protected person's lifetime; and
(3) the owner subsequently dies.

Legislative History

As added by P.L.143-2009, SEC.41.