Title 30, TRUSTS AND FIDUCIARIES

Sec. 2. (a) Except as provided in subsection (b), electronic powers of attorney are exclusively governed by this chapter. (b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, interpretation, storage, or use of an …

Sec. 3. The following terms are defined for this chapter: (1) "Affidavit of regularity" means an affidavit executed by a custodian or other person under section 9 of this chapter with respect to the electronic record for an electronic power of attorney or a complete converted cop…

Sec. 4. (a) A principal, or person acting at the principal's direction, may create a valid power of attorney by electronically signing an electronic power of attorney: (1) in the presence of a notary; or (2) in the presence of witnesses under sections 4.3, 4.5, 4.7, and 4.9 of th…

Sec. 4.1. (a) This section applies to a power of attorney that is electronically signed and notarized: (1) on or after March 31, 2020; and (2) before January 1, 2022. (b) If a power of attorney described in subsection (a) was electronically signed and notarized by a notary public…

Sec. 4.3. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) Any person who, at the time of attestation, is competent to be a witness in this state may act as an a…

Sec. 4.5. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) An electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this ch…

Sec. 4.7. (a) This section applies to an electronic power of attorney executed in the presence of witnesses under section 4(a)(2) of this chapter on or after March 31, 2020. (b) When an electronic power of attorney is executed, the power of attorney may be: (1) attested; and (2) …

Sec. 4.9. (a) Subject to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure: (1) a video or audio recording of a principal captured or made either before or after the execution of an electronic power of attorney; or (2) a video recording, one (1) or more photo…

Sec. 5. (a) If the principal created or last amended a power of attorney by electronically signing an electronic power of attorney, the principal may amend or revoke the power of attorney as follows: (1) By complying with a method provided in the terms of the power of attorney an…

Sec. 6. (a) Any person, with the written authorization of the principal, may maintain, receive, or transfer custody of: (1) the electronic record for an electronic power of attorney (and any accompanying document integrity evidence); or (2) a complete converted copy of the electr…

Sec. 7. (a) After a principal's death becomes known to a custodian or other person in possession or control of: (1) the electronic record associated with the principal's electronic power of attorney; or (2) a complete converted copy of the principal's electronic power of attorney…

Sec. 8. (a) As used in this section, "destroy" means any action that: (1) permanently deletes the electronic record associated with an electronic power of attorney; or (2) renders the electronic record associated with an electronic power of attorney unreadable and nonretrievable.…

Sec. 9. Whenever this chapter requires or permits a custodian or other person to make an affidavit of regularity with respect to an electronic power of attorney or a complete converted copy, the custodian or other person responsible for the creation of the affidavit of regularity…

Sec. 0.4. This chapter may be cited as the Uniform Prudent Management of Institutional Funds Act. As added by P.L.85-2016, SEC.1.

Sec. 0.5. This chapter applies to gift instruments, whenever executed or in effect. As added by P.L.220-2011, SEC.484.

Sec. 1. (a) This chapter applies to an institutional fund in existence after June 30, 2007. (b) For an institutional fund in existence before July 1, 2007, this chapter applies only to decisions made or actions taken after June 30, 2007. As added by P.L.268-1989, SEC.1. Amended b…

Sec. 1.3. As used in this chapter, "charitable purpose" means the following: (1) Relief of poverty. (2) Advancement of education. (3) Advancement of religion. (4) Promotion of health. (5) Promotion of a governmental purpose. (6) Any other purpose the achievement of which benefits…

Sec. 13. (a) With the consent of the donor in a record, an institution may modify or release, in whole or in part, a restriction in a gift instrument on the management, investment, and purpose of an institutional fund. A donor may give prior consent to an institution for release …

Sec. 14. (a) An institution that manages or invests an institutional fund shall consider the following: (1) The intent of a donor expressed in a gift instrument. (2) The charitable purposes of the institution. (3) The purposes of the institutional fund. (b) A person who is respon…

Sec. 15. (a) Subject to the terms of a gift instrument and except as provided in any other law, an institution may delegate to an agent the management or investment of an institutional fund. The institution shall act in good faith and with the care a prudent person acting in a li…

Sec. 16. Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken and not by hindsight. As added by P.L.226-2007, SEC.19.

Sec. 17. (a) Except as provided in subsection (b), this chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq. (b) This chapter does not: (1) modify, limit, or supersede 15 U.S.C. 7001(a); or (2) authorize el…

Sec. 18. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. As added by P.L.226-2007, SEC.21.

Sec. 2. As used in this chapter, "endowment fund" means an institutional fund, or any part of the fund, not wholly expendable by the institution on a current basis under the terms of the applicable gift instrument. The term does not include assets that an institution designates a…

Sec. 3. As used in this chapter, "gift instrument" means a record, including any institutional solicitations, under which property is granted or transferred to or held by an institution as an institutional fund. As added by P.L.268-1989, SEC.1. Amended by P.L.226-2007, SEC.10.

Sec. 5. As used in this chapter, "institution" means any of the following: (1) A person, other than an individual, that is organized and operated exclusively for charitable purposes. (2) The state, including any agency or instrumentality of the state, or a unit of local governmen…

Sec. 6. As used in this chapter, "institutional fund" means a fund held by an institution exclusively for charitable purposes. The term does not include the following: (1) A fund held for an institution by a trustee that is not an institution. (2) A fund in which a beneficiary th…

Sec. 6.4. As used in this chapter, "person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, the state of Indiana, a state agency or instrumentality, a unit…

Sec. 6.7. As used in this chapter, "record" means information that is: (1) inscribed on a tangible medium; or (2) stored in an electronic or other medium; and is retrievable in a perceivable form. As added by P.L.226-2007, SEC.14.

Sec. 9. (a) Subject to the terms of a gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund that the institution determines is prudent for the uses, benefits, purposes, and duration of the endowment fund. Except as provided in …

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to any written agreement between a purchaser and a seller that obligates the seller to provide prepaid services or merchandise, or both, for a named individual in conjunction with the death, funeral, burial, o…

Sec. 10. As used in this chapter, "seller" means a person doing business as a sole proprietor, a firm, a limited liability company, a corporation, an association, or a partnership contracting to provide services or merchandise, or both, to a named individual. As added by P.L.200-…

Sec. 11. (a) As used in this chapter, "trustee" or "escrow agent, acting as a fiduciary", means a: (1) bank; (2) trust company; (3) savings association; or (4) credit union; that maintains an office in Indiana and is qualified under state or federal law to serve as a trustee or e…

Sec. 11.5. (a) As used in this chapter, "cash advance item" means an item of property, or services, or merchandise that is not sold directly by a seller and is described to a purchaser as one (1) of the following: (1) A cash advance. (2) An accommodation. (3) A cash disbursement.…

Sec. 12. (a) This section applies to contracts for prepaid services or merchandise, or both, entered into under this chapter before January 1, 1996. (b) A purchaser may enter into more than one (1) contract under this chapter for prepaid services or merchandise, or both. Each con…

Sec. 12.1. (a) This section applies to contracts for prepaid services or merchandise, or both, entered into under this chapter after December 31, 1995, and before July 1, 1999. (b) A purchaser may enter into more than one (1) contract under this chapter for prepaid services or me…

Sec. 12.5. (a) This section applies to the following contracts entered into or established under this chapter after June 30, 1999: (1) Contracts for prepaid services. (2) Contracts for prepaid merchandise. (3) Trusts or escrows established to hold consideration paid for services …

Sec. 13. (a) Notwithstanding section 10 of this chapter, as used in this section, "seller" means an individual, a person doing business as a sole proprietor, a firm, a corporation, an association, a limited liability company, or a partnership: (1) contracting to provide prepaid o…

Sec. 14. (a) A trust or an escrow agreement created under: (1) IC 23-14-49-1; (2) IC 30-2-9; or (3) IC 30-2-10; may not be converted to a trust or an escrow agreement required by section 12 or 12.5 of this chapter. (b) A contract that has been funded with cash may not subsequentl…

Sec. 15. (a) If a seller: (1) ceases to have a certificate of authority or loses a professional license required to provide services under this chapter; (2) ceases to exist or operate; (3) is incapable of performing the seller's obligations under an unperformed contract for any r…

Sec. 16. (a) Except for sales of stock or merchandise in the ordinary course of the seller's business, a seller who has deposited money or an insurance policy under section 12 or 12.5 of this chapter may not: (1) sell, consolidate, merge, or dispose of assets; or (2) lease the se…

Sec. 17. A seller may not sell the seller's stock, business, or assets, transfer assets, merge or consolidate, in whole or in part, or sell, transfer, or consolidate contracts unless: (1) the purchaser of the stock, business, or assets or the successor in interest is liable for s…

Sec. 18. A trustee or an escrow agent may be reimbursed for necessary expenses and be paid reasonable compensation for those services from the trust or escrow. A trustee or an escrow agent shall also be permitted to withdraw from trust or escrow any federal or state tax liability…

Sec. 19. (a) A trustee may place trust money in a common or commingled trust fund under a single trust instrument. (b) A trustee shall maintain a separate accounting record for each seller who deposits funds in a trust. (c) Except for trusts established under IC 30-2-10, records …

Sec. 2. As used in this chapter, "agent" means a person authorized by a seller to offer, sell, or solicit the sale of a contract on behalf of the seller and includes an employee or independent contractor of the seller. As added by P.L.200-1991, SEC.1.

Sec. 2.5. (a) As used in this chapter, "at-need services and merchandise" includes personal property or services: (1) listed in section 8(1) of this chapter; and (2) purchased after the time of death. (b) The term does not include burial rights. As added by P.L.207-1993, SEC.26.…