Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-4-4
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Indiana Law > Trusts and Fiduciaries > Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-5-4-4
Failure or cessation of service; circumstances; successor attorney
in fact; powers Sec. 4. (a) Except as stated otherwise in the power of attorney, an
attorney in fact fails to serve or ceases to serve when:
(1) the attorney in fact dies;
(2) the attorney in fact resigns;
(3) the attorney in fact is adjudged incapacitated by a court;
(4) the attorney in fact cannot be located upon reasonable
inquiry; (5) the attorney in fact, if at one time the principal's spouse,
legally is no longer the principal's spouse; or
(6) a physician familiar with the condition of the current
attorney in fact certifies in writing to the immediate successor
attorney in fact that the current attorney in fact is unable to
transact a significant part of the business required under the
power of attorney.
(b) Except as stated otherwise in the power of attorney, if the
replaced attorney in fact reappears or is subsequently able to transact
business, the successor attorney in fact shall remain as the attorney
in fact.
(c) Except as otherwise stated in the power of attorney, an
attorney in fact designated as a successor has the powers granted
under the power of attorney to the original attorney in fact. As added by P.L.149-1991, SEC.2.
Last modified: May 27, 2006
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