Claims and litigation
Sec. 11. (a) Language conferring general authority with respect to
claims and litigation means the principal authorizes the attorney in
fact to do the following:
(1) Assert and prosecute before a court, an administrative board,
a department, a commissioner, or other tribunal, a cause of
action, a claim, a counterclaim, an offset, or a defense that the
principal has or claims to have against an individual, a
partnership, an association, a government, a person, or an
instrumentality, including the power to sue for the following:
(A) The recovery of land or a thing of value.
(B) The recovery of damages sustained by the principal in
any manner.
(C) The elimination or modification of tax liability.
(D) An injunction.
(E) Specific performance.
(F) Any other relief.
(2) Bring an action of interpleader or other action to determine
adverse claims, intervene or interplead in an action or
proceeding, and act in litigation as amicus curiae.
(3) In connection with an action, a proceeding, or a controversy
at law or otherwise, apply for and, if possible, procure a libel,
an attachment, a garnishment, an order of arrest, or other
preliminary, provisional, or intermediate relief and resort to and
use in all ways permitted by law an available procedure to
satisfy a judgment, an order, or a decree.
(4) In connection with an action or a proceeding at law, or
otherwise, perform an act the principal might perform,
including an acceptance of tender, an offer of judgment, an
admission of facts, a submission of controversy on an agreed
statement of facts, a consent to examination before trial, and the
general binding of the principal in the conduct of litigation or
controversy as the attorney in fact considers desirable.
(5) Submit to arbitration, settle, and propose or accept a
compromise with respect to a claim existing in favor of or
against the principal or litigation to which the principal is, may
become, or may be designated a party.
(6) Waive the issuance and service of a summons, citation, or
other process upon the principal, accept service of process,
appear for the principal, designate persons upon whom process
directed to the principal may be served, execute and file or
deliver stipulations on the principal's behalf, verify pleadings,
appeal to appellate tribunals, procure and give surety and
indemnity bonds at the times and to the extent the attorney in
fact considers desirable or necessary, contract and pay for the
preparation and printing of records and briefs, receive and
execute and file or deliver a consent, a waiver, a release, a
confession of judgment, a satisfaction of judgment, a notice, an
agreement, or other instrument the attorney in fact considers
desirable or necessary in connection with the prosecution,
settlement, or defense of a claim by or against the principal or
of litigation to which the principal is, may become, or may be
designated a party.
(7) Appear for, represent, and act for the principal with respect
to bankruptcy or insolvency proceedings, whether voluntary or
involuntary, whether of the principal or another person, with
respect to a reorganization proceeding, a receivership, or an
application for the appointment of a receiver or trustee that
affects an interest of the principal in real property, a bond, a
share, a commodity interest, tangible personal property, or other
thing of value.
(8) Hire, discharge, and compensate an attorney, accountant,
expert witness, or other assistant when the attorney in fact
considers the action to be desirable for the execution of a power
permitted under this section.
(9) Pay, from funds in the control of the attorney in fact or the
account of the principal, a judgment against the principal or a
settlement that may be made in connection with a transaction
permitted under this section, receive and conserve money or
other things of value paid in settlement of or as proceeds of a
transaction permitted under this section, and receive, endorse,
and deposit checks.
(10) Perform other acts in connection with a claim by or against
the principal or litigation to which the principal is, may become,
or may be designated a party.
(b) The powers described in this section are exercisable equally
with respect to a claim or litigation existing at the time of the giving
of the power of attorney or arising after that time, whether located in
Indiana or in another jurisdiction.
As added by P.L.149-1991, SEC.2.
Last modified: May 27, 2006