CHAPTER 6. DUTIES OF THE ATTORNEY IN FACT

IC 30-5-6
    Chapter 6. Duties of the Attorney in Fact

IC 30-5-6-1
Exercise of powers not required
    Sec. 1. The attorney in fact is not required to exercise the powersgranted under the power of attorney or to assume control of orresponsibility for any of the principal's property, care, or affairs,regardless of the principal's physical or mental condition.
As added by P.L.149-1991, SEC.2.

IC 30-5-6-2
Due care to act for benefit of principal
    Sec. 2. Except as otherwise stated in the power of attorney, theattorney in fact shall use due care to act for the benefit of theprincipal under the terms of the power of attorney.
As added by P.L.149-1991, SEC.2.

IC 30-5-6-3
Fiduciary capacity; exercise of all powers
    Sec. 3. An attorney in fact shall exercise all powers granted underthe power of attorney in a fiduciary capacity.
As added by P.L.149-1991, SEC.2.

IC 30-5-6-4
Records of transactions; accounting
    Sec. 4. (a) The attorney in fact shall keep complete records of alltransactions entered into by the attorney in fact on behalf of theprincipal:
        (1) for six (6) years after the date of the transaction; or
        (2) until the records are delivered to the successor attorney infact;
whichever occurs first.
    (b) Except as otherwise stated in the power of attorney, theattorney in fact is not required to render an accounting. The attorneyin fact shall render a written accounting if an accounting is orderedby a court, requested by the principal, a guardian appointed for theprincipal, or, upon the death of the principal, the personalrepresentative of the principal's estate, or an heir or legatee of theprincipal.
    (c) An attorney in fact shall deliver an accounting requested undersubsection (b) to:
        (1) the principal;
        (2) a guardian appointed for the principal;
        (3) the personal representative of the principal's estate;
        (4) an heir of the principal after the death of the principal; or
        (5) a legatee of the principal after the death of the principal;
not later than sixty (60) days after the date the attorney in factreceives the written request for an accounting. In the event of theprincipal's death, an accounting under this subsection must be

requested not later than nine (9) months after the date of theprincipal's death.
    (d) Not more than one (1) accounting is required under thissection in each twelve (12) month period unless the court, in itsdiscretion, orders additional accountings.
    (e) If an attorney in fact fails to deliver an accounting as requiredunder subsection (c), the person requesting the accounting mayinitiate an action in mandamus to compel the attorney in fact torender the accounting. The court may award the attorney's fees andcourt costs incurred under this subsection to the person requestingthe accounting if the court finds that the attorney in fact failed torender an accounting as required under this section without justcause.
As added by P.L.149-1991, SEC.2. Amended by P.L.77-1998, SEC.1;P.L.252-2001, SEC.35; P.L.165-2002, SEC.8.

IC 30-5-6-4.5
Attorney in fact's authority to hire persons; cost incurred to defendactions of attorney in fact
    Sec. 4.5. (a) An attorney in fact has the authority to employpersons, including:
        (1) attorneys;
        (2) accountants;
        (3) investment advisers; and
        (4) agents;
to assist the attorney in fact in the performance of the attorney infact's fiduciary duties. Any reasonable costs incurred with regard toservices rendered for the benefit of the principal shall be paid fromthe principal's asset holdings.
    (b) Except as provided in subsection (c), if an accounting isrequested as set forth in section 4 of this chapter, costs incurred bythe attorney in fact:
        (1) to defend the actions of the attorney in fact on behalf of theprincipal with regard to the preparation of the accounting; and
        (2) to defend any other actions of the attorney in fact on behalfof the principal;
shall be paid from the principal's asset holdings.
    (c) If a court determines that an attorney in fact:
        (1) breached the attorney in fact's fiduciary duty or obligationto the principal; or
        (2) was engaged in self-dealing activities with the principal'sasset holdings;
the court may determine that the attorney in fact is responsible forthe payment of the costs incurred under subsection (b).
As added by P.L.165-2002, SEC.9.

IC 30-5-6-5
Notice to health care providers of power of attorney
    Sec. 5. The attorney in fact shall ascertain whether the principalhas notified the principal's health care providers that a power of

attorney has been executed. If the principal has not notified theprincipal's health care providers of the existence of a power ofattorney, the attorney in fact shall notify the health care providers ofthe existence of the power of attorney.
As added by P.L.149-1991, SEC.2.