Indiana Code

Ind. Code § 30-5-6-3 (2026)

Fiduciary capacity; exercise of all powers

✓ current as of May 2026
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     Sec. 3. An attorney in fact shall exercise all powers granted under the power of attorney in a fiduciary capacity.

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

 

Notes of Decisions
Cited in 3 cases, 2010–2015 · leading case: Matter of the Est. of Harry L. Rickert, 934 N.E.2d 726 (Ind. 2010).
Matter of the Est. of Harry L. Rickert, 934 N.E.2d 726 (Ind. 2010). · cites it 2× “The trial court and the Court of Appeals dissent found this statute controlling and found no clear and convine-ing evidence that Rickert did not intend to create joint accounts with rights of surviv-orship.”
Miller v. Miller, 935 N.E.2d 729 (Ind. Ct. App. 2010). · cites it 2× “§ 30-5-2-7. Real Estate Expenditures: The Millers' Philanthropy With respect to the real estate expenditures made by the AIF's, the parties' primary dispute essentially amounts to a disagreement about what it means to "act for the benefit" of Xenia The trial court crystallized…”
Warren David Berglund v. Victoria L. Schutzius (mem. dec.) (Ind. Ct. App. 2015). · cites it 2× “” Ind. Code § 30-5-6-3 provides that “[a]n attorney in fact shall exercise all powers granted under the power of attorney in 2 Subsequently amended by Pub.”
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