Family maintenance
Sec. 12. (a) Language conferring general authority with respect to
family maintenance means the principal authorizes the attorney in
fact to do the following:
(1) Perform acts necessary for maintaining the customary
standard of living of the spouse, children, and other persons
customarily supported by the principal, including the power to
provide the following:
(A) Living quarters by purchase, lease, or other contract, or
by payment of operating costs, including interest,
amortization payments, repairs, and taxes on premises
owned by the principal and occupied by the principal's
family or dependents.
(B) Normal domestic help for the operation of the
household.
(C) Usual vacation and travel expenses.
(D) Usual educational facilities.
(E) Funds for all the current living costs of the spouse,
children, and other dependents, including shelter, clothing,
food, and incidentals.
(2) Pay for necessary medical, dental, and surgical care,
hospitalization and custodial care for the spouse, children, and
other dependents of the principal.
(3) Continue provisions made by the principal before or after
the execution of the power of attorney for the principal's
spouse, children, and other persons customarily supported by
the principal with respect to automobiles or other means of
transportation, including the power to license, insure, and
replace automobiles owned by the principal and customarily
used by the spouse, children, or other persons customarily
supported by the principal.
(4) Continue charge accounts that have been operated by the
principal before or after the execution of the power of attorney
for the convenience of the principal's spouse, children, or other
persons customarily supported by the principal, open new
accounts the attorney in fact considers desirable to accomplish
a purpose permitted under this section and pay the items
charged on those accounts by a person authorized or permitted
by the principal to make charges prior to the execution of the
power of attorney.
(5) Continue payments incidental to membership or affiliation
of the principal in a church, a club, a society, an order, or other
organization and continue contributions to those organizations.
(6) Demand, receive, or obtain by action or proceeding money
or other things of value to which the principal is or may become
entitled as salary, wages, commission, or other remuneration for
services performed, as a dividend or distribution on a stock, as
interest or principal on an indebtedness, or as a periodic
distribution of profits for a partnership or business in which the
principal has or claims an interest and endorse, collect, or
otherwise realize upon an instrument for the payment received.
(7) Use an asset of the principal for the performance of a power
permitted under this section, including the power to draw
money by check or otherwise from a bank deposit of the
principal, sell an interest in real property, a bond, a share, a
commodity interest, tangible personal property, or other asset
of the principal, borrow money and pledge as security for a loan
an asset, including insurance, that belongs to the principal.
(8) Execute, acknowledge, verify, seal, file, and deliver an
application, a consent, a petition, a notice, a release, a waiver,
an agreement, or other instrument that the attorney in fact
considers useful to accomplish a purpose permitted under this
section.
(9) 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 proper execution by
the attorney in fact of a power described in this section and
keep needed records.
(10) Perform any other acts for the welfare of the spouse,
children, or other persons customarily supported by the
principal or for the preservation and maintenance of other
personal relationships of the principal to parents, relatives,
friends, and organizations as are appropriate.
(b) The powers described in this section are exercisable equally
whether the acts required for their execution relate to real or personal
property owned by the principal at the time of the giving of the
power of attorney or acquired 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