Sec. 5. Upon petition by an interested person, the court may construe a power of attorney and instruct the attorney in fact if the court finds that the principal lacks the capacity to control or revoke the power of attorney. Notice of a hearing on a petition under this subsection shall be given as the court directs.
Ind. Code § 30-5-3-5
Construction of power and instruction to attorney in fact; petition; notice of hearing
Applied in 1 court decision — leading case Whitney A. Gates, Jonathan W. Gates, and Jacob A. Gates v. Joseph D. O'Connor and Bunger & Robertson, LLP (2018)
Most recently applied in Whitney A. Gates, Jonathan W. Gates, and Jacob A. Gates v. Joseph D. O'Connor and Bunger & Robertson, LLP (September 2018)
As added by P.L.149-1991, SEC.2.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.