Public-domain · open source
OpenJurist

Ind. Code § 30-5-9-2

Attorney in fact benefiting from act; individual or conflicting interests

Applied in 1 court decision — leading case Hudson v. Davis (2003)

Most recently applied in Hudson v. Davis (October 2003)

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

Sec. 2. (a) An attorney in fact who acts with due care for the benefit of the principal is not liable or limited only because the attorney in fact:

(1) also benefits from the act;

(2) has individual or conflicting interests in relation to the property, care, or affairs of the principal; or

(3) acts in a different manner with respect to the principal's and the attorney in fact's individual interests.

(b) A gift, bequest, transfer, or transaction is not presumed to be valid or invalid if the gift, bequest, transfer, or transaction:

(1) is:

(A) made by the principal taking action; and

(B) not made by an attorney in fact acting for the principal under a power of attorney; and

(2) benefits the principal's attorney in fact.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.