Indiana Code 30-5-6-4. Records of transactions; accounting
(1) for six (6) years after the date of the transaction; or
Terms Used In Indiana Code 30-5-6-4
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Legatee: A beneficiary of a decedent
- Month: means a calendar month, unless otherwise expressed. 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
whichever occurs first.
(b) Except as otherwise:
(1) stated in the power of attorney; or
(2) required by subsection (c);
the attorney in fact is not required to render an accounting.
(c) Except as provided in subsection (f), the attorney in fact shall render a written accounting if an accounting is ordered by a court or requested by:
(1) the principal;
(2) a guardian appointed for the principal;
(3) a child of the principal, unless a court finds that such a rendering is not in the best interests of the principal;
(4) a person who jointly owns an account with the principal; or
(5) upon the death of the principal, the personal representative of the principal’s estate or an heir or legatee of the principal.
(d) Except as provided in subsection (f), an attorney in fact shall deliver an accounting requested under subsection (c) to:
(1) the principal;
(2) a guardian appointed for the principal;
(3) the personal representative of the principal’s estate;
(4) a person who jointly owns an account with the principal;
(5) an heir of the principal after the death of the principal;
(6) a legatee of the principal after the death of the principal; or
(7) a child of the principal, unless a court finds that such a delivery is not in the best interests of the principal.
(e) Except as provided in subsection (f)(2), an attorney in fact shall deliver an accounting ordered or requested under subsection (c) to the court or the person requesting the accounting not later than sixty (60) days after the date the attorney in fact receives the court order or written request for an accounting.
(f) In the case of a principal who has died, the following apply:
(1) The court may order an accounting under subsection (c) at any time.
(2) In the absence of a court ordered accounting, an attorney in fact is not required to deliver an accounting to a person described in subsection (d)(2) through (d)(7) unless the person requests the accounting not later than nine (9) months after the date of the principal’s death.
(3) The delivery deadline set forth in subsection (e) applies to a written request for an accounting that is timely submitted under subdivision (2).
(g) Not more than one (1) accounting is required under this section in each twelve (12) month period unless the court, in its discretion, orders additional accountings.
(h) If an attorney in fact fails to deliver an accounting as required under this section, the person requesting the accounting may initiate an action in mandamus to compel the attorney in fact to render the accounting. The court may award the attorney’s fees and court costs incurred under this subsection to the person requesting the accounting if the court finds that the attorney in fact failed to render an accounting as required under this section without just cause.
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; P.L.42-2012, SEC.1; P.L.51-2014, SEC.29; P.L.151-2019, SEC.1.