Title 30, TRUSTS AND FIDUCIARIES

Sec. 5. Acts of guardians under this chapter are conclusive upon the protected person and any future disaffirmance is denied. Formerly: Acts 1943, c.270, s.5. As amended by P.L.33-1989, SEC.88.

Sec. 1. Either: (1) a trust created by an employer as part of a stock bonus, pension, disability, death benefit, or profit-sharing plan for the benefit of some or all of his employees, to which contributions are made by the employer or employees, or both, for the purpose of distr…

Sec. 2. The income arising from any trust within the classification mentioned in the preceding section may be permitted to accumulate in accordance with the terms of such trust for as long a time as may be necessary to accomplish the purposes for which the same was created, notwi…

Sec. 3. No rule of law against perpetuities or suspension of the power of alienation of the title to property, or the accumulation of income, shall operate to invalidate any trust created or attempted to be created before September 10, 1949, by an employer as part of a stock bonu…

Sec. 1. (Jurisdiction) Jurisdiction in this state for all matters arising under this article shall be with the court exercising probate jurisdiction. Formerly: Acts 1971, P.L.416, SEC.7.

Sec. 10. (Representation by Class or Similar Interest) Any adjudication involving the interests of persons represented by a personal representative shall be lawful and binding upon all interested persons, whether born or unborn, whether notified or not notified, and whether repre…

Sec. 10.5. (a) Except as provided in the terms of a trust, and to the extent there is not a conflict of interest between the representative and the person represented or among those being represented: (1) a guardian may represent and bind the protected person who is subject to th…

Sec. 11. (Appeals) (a) Any person considering himself aggrieved by any decision of a court having jurisdiction in proceedings under this article may prosecute an appeal to the court having jurisdiction of such an appeal. That appeal shall be taken as appeals are taken in civil ca…

Sec. 12. Unless previously barred by adjudication, consent or limitation, any right against a trustee for breach of trust shall be barred as to any beneficiary who has received a final account or other statement fully disclosing the matter and showing termination of the trust rel…

Sec. 13. (Application of Rules of Procedure) Except as otherwise provided in this article, the Indiana Rules of Procedure shall apply with respect to procedure in any matter arising under this article. Formerly: Acts 1971, P.L.416, SEC.7.

Sec. 14. (a) A person must commence a judicial proceeding to contest the validity of a trust that is irrevocable or revocable at the settlor's death, or revocable at the time the notice under this section is given, within the earlier of the following: (1) Ninety (90) days after t…

Sec. 2. (Continuing Jurisdiction) The court will have continuing jurisdiction to supervise the administration of the trust only if the settlor expressly directs in the terms of the trust that the court is to have that jurisdiction. Formerly: Acts 1971, P.L.416, SEC.7.

Sec. 3. (a) Venue in a proceeding brought by the attorney general against a trustee or a trust lies in Marion County, unless a court determines that venue in Marion County would be a hardship for a trustee or a trust. (b) Unless the terms of the trust provide otherwise, venue in …

Sec. 4. Except as provided in section 7 of this chapter and IC 30-4-7, unless the terms of the trust expressly direct that the court is to have continuing jurisdiction over the administration of the trust: (1) a trustee need not file a copy of the trust instrument as a part of th…

Sec. 5. (Pleadings) Any proceedings under this article may be initiated on either a petition or complaint and upon notice as provided in 30-4-6-6. Formerly: Acts 1971, P.L.416, SEC.7.

Sec. 6. (Notice) (a) Notice must be given to any person or his personal representative who is named as a party in a petition or complaint, whose rights may be affected or upon whom a liability might be imposed by any proceeding; to the Attorney General if the trust is for a benev…

Sec. 6.5. (a) The sending of notice or a document to a beneficiary, a trustee, or another interested person under this article or under IC 30-2-14 must be accomplished in a manner reasonably suitable under the circumstances and that is likely to result in receipt of the notice or…

Sec. 7. (Filing Copy of Trust Instrument as Part of Proceeding) (a) In any proceeding under IC 30-2-14, IC 30-2-15, or this article, any petitioner or other interested person, including but not limited to a trustee or beneficiary, may file a copy of the trust instrument for the t…

Sec. 8. (a) Unless the terms of the trust provide otherwise, the trustee need not provide a bond to secure the trustee's performance as trustee. (b) If the trust is subject to continuing supervisory jurisdiction by the court, the court may, on its own motion, direct the trustee t…

Sec. 9. (Suit on Bond) (a) The court may, on breach of the obligation of the bond of the trustee, after notice to the obligors on the bond and to such other persons as the court directs, determine the damages, and by appropriate proceeding enforce the collection thereof from thos…

Sec. 1. The attorney in fact is not required to exercise the powers granted under the power of attorney or to assume control of or responsibility for any of the principal's property, care, or affairs, regardless of the principal's physical or mental condition. As added by P.L.149…

Sec. 2. Except as otherwise stated in the power of attorney, the attorney in fact shall use due care to act for the benefit of the principal under the terms of the power of attorney. As added by P.L.149-1991, SEC.2.

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.

Sec. 4. (a) The attorney in fact shall keep complete records of all transactions entered into by the attorney in fact on behalf of the principal: (1) for six (6) years after the date of the transaction; or (2) until the records are delivered to the successor attorney in fact; whi…

Sec. 4.1. (a) An attorney in fact is entitled to judicial review and settlement of an account of all transactions entered into by the attorney in fact, whether or not: (1) the attorney in fact's authority under the power of attorney has been revoked; or (2) a request for an accou…

Sec. 4.2. (a) This section applies to a claim against an attorney in fact by: (1) the principal; (2) the principal's guardian; (3) the principal's personal representative; or (4) any person claiming through the principal following death. (b) Except as provided in subsection (c), …

Sec. 4.5. (a) An attorney in fact has the authority to employ persons, including: (1) attorneys; (2) accountants; (3) investment advisers; and (4) agents; to assist the attorney in fact in the performance of the attorney in fact's fiduciary duties. Any reasonable costs incurred w…

Sec. 5. The attorney in fact shall ascertain whether the principal has notified the principal's health care providers that a power of attorney has been executed. If the principal has not notified the principal's health care providers of the existence of a power of attorney, the a…