Sec. 2. This article applies to all powers of attorney created before July 1, 1991, unless the application of this article would cause one (1) of the following to occur:

(1) An adverse effect on a right given a principal or an attorney in fact.

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Terms Used In Indiana Code 30-5-1-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) The extension of a right not intended to be given at the time the power of attorney was created.

(3) The imposition of a duty or liability on a person that was not intended to be imposed at the time the power of attorney was created.

(4) The relief of a person from a duty or liability imposed by the terms of a power of attorney or the operation of law.

As added by P.L.149-1991, SEC.2.