Title 30, TRUSTS AND FIDUCIARIES

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…

Sec. 1. Guardians of the estates of persons under the age of eighteen (18) years and incapacitated persons (as defined in IC 29-3-1-7.5) owning real estate in any county in Indiana in which coal and other solid minerals are being explored for, developed, recovered, marketed, or f…

Sec. 2. Guardians of the estates of persons under the age of eighteen (18) years and incapacitated persons are authorized to petition the court having probate jurisdiction in the county in which the guardianship is pending for authority to execute the options under section 1 of t…

Sec. 3. Upon the filing of such petition, the court shall proceed to hear and determine the same either in term time or vacation. If the court, after being duly advised in the premises, finds that the execution of said option to purchase would be to the best interests of the ward…

Sec. 4. Said option and the deed or lease, as the case may be, in the event the option is exercised, shall be binding and conclusive upon the ward for the respective term thereof and the right of disaffirmance is hereby denied. Formerly: Acts 1943, c.105, s.4.

Sec. 1. As used in this chapter, unless the context or subject-matter requires otherwise: (a) "Liquidation proceeding" includes all assignments for the benefit of creditors, whether voluntary or by operation of law; administration of insolvent decedents' estates; liquidations of …

Sec. 2. In a liquidation proceeding every secured creditor's claim against the general assets shall disclose the nature of the security. When a decedent's estate already in the course of administration is judicially declared insolvent or when in an equity receivership it is deter…

Sec. 3. Any secured creditor who with intent to evade the provisions of this chapter fails to disclose the existence of the security shall not be entitled to receive or retain dividends out of the general assets, unless he thereafter releases or surrenders to the liquidator the s…

Sec. 4. Dividends paid to secured creditors shall be computed only upon the balance due after the value of all security not exempt from the claims of unsecured creditors and not released or surrendered to the liquidator, is determined and credited upon the claim secured by it. Fo…

Sec. 5. (1) By collection. When the asset constituting the security is an obligation for the payment of money, the secured creditor may determine its value by collection or by exhausting his remedies thereon and then surrendering the obligation to the liquidator. (2) By creditor'…

Sec. 6. Where valuation under the provisions of section 5 of this chapter is impracticable or would cause undue delay, the court, upon petition by either the secured creditor or the liquidator, may order the value of the security determined by any of the following methods: (1) By…

Sec. 7. When any creditor has legal or equitable security upon assets which are exempt from process for the satisfaction of unsecured debts and are duly claimed as exempt by the insolvent debtor, the value of such security shall not be credited upon the claim. Amounts realized by…

Sec. 8. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Formerly: Acts 1941, c.50, s.9. As amended by Acts 1982, P.L.171, SEC.109.

Sec. 9. This chapter may be cited as Uniform Act Governing Secured Creditors' Dividends in Liquidation Proceedings. Formerly: Acts 1941, c.50, s.10. As amended by Acts 1982, P.L.171, SEC.110.

Sec. 1. This chapter applies to the compromise of a contest or controversy with respect to the following: (1) The construction, validity, or effect of a trust instrument. (2) The identity, rights, or interests of a beneficiary of a trust. (3) The administration of a trust. As add…

Sec. 10. If the court enters an order under section 9 of this chapter, all further disposition of the trust that is within the scope of the agreement shall be made under the terms of the agreement. As added by P.L.200-1991, SEC.6.

Sec. 2. A compromise executed under this chapter is binding on all parties to the compromise, including a party represented by a guardian or guardian ad litem. As added by P.L.200-1991, SEC.6.

Sec. 3. A compromise executed under this chapter does not impair the rights of creditors or taxing authorities that are not parties to the compromise. As added by P.L.200-1991, SEC.6.

Sec. 4. The court may appoint a guardian or a guardian ad litem to represent the following persons or interests in a compromise executed under this chapter if the persons or interests do not have a guardian or guardian ad litem: (1) A minor. (2) A person who is without legal capa…

Sec. 5. IC 29-1-1-20 applies to the appointment of a guardian or guardian ad litem under section 4 of this chapter. As added by P.L.200-1991, SEC.6.

Sec. 6. The terms of a compromise executed under this chapter must be set forth in an agreement that is: (1) in writing; and (2) executed by all persons or the guardians or guardians ad litem appointed under section 4 of this chapter of all persons who: (A) have an interest in th…

Sec. 7. After a compromise is executed, an interested person may submit the following documents to the court for the court's approval: (1) The agreement executed under section 6 of this chapter. (2) A copy of the trust instrument filed under IC 30-4-6. (3) Any other relevant docu…

Sec. 8. After notice has been given in the manner directed by the court to: (1) all interested persons; (2) the guardians or guardians ad litem of interested persons; (3) the personal representative of an estate affected by the agreement; and (4) the trustee of a trust affected b…

Sec. 9. If the court finds: (1) the contest or controversy is in good faith; and (2) the effect of the agreement on the interests of all the parties is just and reasonable; the court shall enter an order approving the agreement submitted under section 7 of this chapter and direct…

Sec. 1. This chapter applies to a health care provider with whom an attorney in fact deals under a power of attorney. As added by P.L.149-1991, SEC.2.

Sec. 2. (a) A health care provider furnished with a copy of a declaration under IC 16-36-4 or an appointment under IC 16-36-1 or IC 16-36-7 shall make the documents a part of the principal's medical records. (b) If a change in or termination of a power of attorney becomes known t…

Sec. 3. Whenever a health care provider believes a patient may lack the capacity to give informed consent to health care the provider considers necessary, the provider shall consult with the attorney in fact who has power to act for the patient under IC 16-36-4, IC 16-36-1, IC 16…

Sec. 4. (a) A health care provider shall comply with a health care decision made by an attorney in fact under a power of attorney if the decision is communicated to the provider. A health care provider may continue to administer treatment for the principal's comfort care or the a…

Sec. 5. (a) A health care provider shall give an attorney in fact authorized to receive information under a power of attorney the same access as the principal has to examine and copy the principal's medical records, including records relating to mental health and other medical co…