Indiana § 30-5-8-7 - Reliance on power of attorney; immunity

§ 30-5-8-7. Reliance on power of attorney; immunity

Sec. 7. (a) A person who acts in good faith reliance on a power of attorney is immune from liability to the same extent as if the person had dealt directly with the named principal and the named principal had been competent and not incapacitated.

(b) The named attorney in fact may furnish an affidavit to a person that states, to the best knowledge of the attorney in fact:

(1) that the instrument relied on by the person is a true copy of the power of attorney;

(2) that the named principal is alive;

(3) that the power of attorney was validly granted and executed;

(4) that the relevant powers granted to the attorney in fact have not been altered or terminated;

(5) in the case of a successor attorney in fact, that the original attorney in fact has failed or ceased to serve and the successor attorney in fact is empowered to act on behalf of the principal; and

(6) if the effective date of the power of attorney begins upon the occurrence of a certain event, that the event has occurred and the attorney in fact is authorized to act under the power of attorney.

(c) A person who:

(1) relies on an affidavit described in subsection (b); and

(2) acts in good faith;

is immune from liability that might otherwise arise from the person's action in reliance on the power of attorney that is the subject of the affidavit.

As added by P.L.238-2005, SEC.51.