Indiana Code 30-5-6-4.2. Claim against an attorney in fact; right to recover
(1) the principal;
Terms Used In Indiana Code 30-5-6-4.2
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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.
- minor: means a person less than eighteen (18) years of age. 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
(3) the principal’s personal representative; or
(4) any person claiming through the principal following death.
(b) Except as provided in subsection (c), any claim against an attorney in fact that has not previously been barred by adjudication under section 4.1 of this chapter, by consent or by limitation, is barred against any person described in subsection (a) who:
(1) receives an accounting of all transactions entered into by the attorney in fact:
(A) personally, if the person is an adult; or
(B) through receipt by a parent or guardian, if the person is a minor or person with a disability; and
(2) does not commence a proceeding under IC 30-5-9-11 not later than two (2) years after receiving the accounting;
as to the matters disclosed in the accounting.
(c) The rights to recover from an attorney in fact for fraud, misrepresentation, or inadequate disclosure related to a power of attorney accounting are not barred under this section.
As added by P.L.81-2015, SEC.22.