Indiana Power of Attorney Abuse — What to Do, How to Report, How to Stop It (2026)

✓ Verified September 2026

Indiana Power of Attorney Abuse is what a family suspects when a parent’s money starts disappearing and the person holding the paperwork will not explain where it went. This guide gives the Indiana answer in plain English: what the agent is required to do, who can force them to show the records, where to report, and how the power of attorney is revoked.

All facts are from Indiana law, verified as of September 2026.

Indiana Power of Attorney Abuse: At a Glance

Here are the Indiana facts that decide most Indiana power of attorney abuse cases:

Warning Signs of Indiana Power of Attorney Abuse

Power of attorney abuse rarely looks like theft at first. It looks like a new joint account, a car that was “gifted,” a house deed with a new name on it, a parent who suddenly cannot pay bills they always paid, or an agent who answers every question with “I’m handling it.” The common thread is money moving from the parent’s benefit to the agent’s benefit.

A power of attorney never authorizes that. In every state the agent is a fiduciary, which means the parent’s interests come first, and any gift to the agent has to be expressly allowed by the document.

The second sign is secrecy. An honest agent keeps receipts and can show them. An agent who refuses to share bank statements with the family, the parent’s other children, or a court is already breaking the duty to keep records that Indiana law imposes. Refusal is not proof of theft, but it is the moment to act.

What an Agent Is Legally Required to Do in Indiana

An attorney in fact (agent) must exercise all granted powers in a fiduciary capacity and use due care to act for the benefit of the principal under the terms of the power of attorney (IC 30-5-6-2).

The agent must keep complete records of all transactions entered into on the principal’s behalf and retain them for 6 years after the date of the transaction, or until the records are delivered to a successor attorney in fact (IC 30-5-6-4(b)). The agent may not commingle the agent’s own money with the principal’s money (IC 30-5-6-3). Self-dealing is prohibited unless expressly authorized in the document.

An agent is liable for negligent exercise of the power, and for willful misconduct or failure to act in good faith (IC 30-5-9-1, IC 30-5-9-2). Agents are entitled to reasonable compensation and reimbursement of reasonable expenses (IC 30-5-4-4).

Forcing an Accounting in Indiana

The single most useful right in any Indiana power of attorney abuse situation is the right to demand an accounting.

Under IC 30-5-6-4(c), a written accounting must be rendered when ordered by a court or requested by: the principal; a guardian appointed for the principal; a child of the principal; or, after the principal’s death, the personal representative of the principal’s estate, or an heir or legatee of the principal — unless the court finds rendering the accounting is not in the principal’s best interests.

The agent must deliver the accounting within 60 days after receiving the court order or written request (IC 30-5-6-4(d)). Judicial review is initiated by filing a petition to settle and allow an account in the court exercising probate jurisdiction in the county where the principal resides.

If the agent fails to deliver, the requester may bring an action in mandamus to compel the accounting, and the court may award attorney’s fees and court costs if it finds the agent failed to account without just cause. For a deceased principal, the court may order an accounting at any time, but absent a court order a request must be made within 9 months after the date of death.

Claims against an agent for fraud, misrepresentation, or inadequate disclosure related to an accounting are preserved under IC 30-5-6-4.2. Adult Protective Services may also investigate and refer the matter (IC 12-10-3). A written demand, sent by a method that proves delivery, is usually step one.

If the agent ignores it, the next step is a petition in The court exercising probate jurisdiction in the county where the principal resides — in most Indiana counties this is the circuit court; in counties with a designated probate court or a superior court with probate jurisdiction (for example, the Marion County Superior Court Probate Division, or the St.

Joseph and Vigo County probate courts), that court hears petitions to compel or settle an agent’s accounting, actions in mandamus against an agent, guardianship petitions under IC 29-3, and civil actions against the agent (IC 30-5-6-4; IC 29-3-2-1)., which can order the records produced, suspend the agent, freeze accounts, and require repayment.

How to Report Indiana Power of Attorney Abuse

Adult Protective Services (APS), administered by the Indiana Family and Social Services Administration, Division of Aging. Effective July 1, 2025, APS units are no longer housed with regional prosecuting attorneys; FSSA contracts statewide APS services through PCG-Indiana, Inc. Report by phone at 1-800-992-6978 (24-hour statewide hotline) or online at https://ddrsprovider.fssa.in.gov/APSOnlineReporting . Program information: https://www.in.gov/fssa/da/adult-protective-services/ . If someone is in immediate danger, call 911 — APS is not an emergency responder.

Indiana also runs a hotline: 1-800-992-6978 (statewide Adult Protective Services abuse/neglect/exploitation hotline). Indiana Attorney General Consumer Protection Division: 1-800-382-5516 (toll free) or 317-232-6330 (Indianapolis) for financial fraud and deceptive practice complaints..

How to Revoke the Power of Attorney

Under Ind. Code 30-5-10-1, a principal with capacity revokes by executing a written instrument of revocation that (1) identifies the power of attorney being revoked and (2) is signed by the principal.

The revocation is not effective as to the agent until the agent has actual knowledge of it, and it is not effective as to a third party who relies on the power of attorney in good faith until that third party has actual knowledge of the revocation — so the principal should deliver written notice of revocation to the agent and to every bank, brokerage, title company, insurer,

and other third party that has a copy on file, keeping proof of delivery.

If the power of attorney was recorded with the county recorder under IC 30-5-3-3 (typically because it covers real property), the revocation must also be recorded in the same county recorder’s office and must reference the book and page or instrument number where the original power of attorney is recorded.

Best practice is also to execute a new power of attorney naming a different agent and to retrieve or destroy outstanding original counterparts. Under IC 30-5-10-3, a power of attorney is not terminated by the incapacity of the principal unless the document says otherwise.

If the parent can no longer decide: A power of attorney in Indiana survives the principal’s incapacity unless the document states otherwise (IC 30-5-10-3). Revocation under IC 30-5-10-1 requires the principal’s signature, so a principal who lacks the capacity to understand and sign the revocation cannot validly revoke it. In that situation an interested person petitions the probate court for appointment of a guardian under IC 29-3.

A guardian does not automatically displace the agent: under IC 30-5-3-4, a guardian has no power to revoke or amend a valid power of attorney unless specifically directed to do so by court order on behalf of the principal, and the court may not enter an order revoking or amending a power of attorney without a hearing, with notice of that hearing given to the attorney in fact.

A guardian has no power, duty, or liability over property or health care decisions that are subject to a valid power of attorney unless the court orders otherwise. Indiana uses “guardianship” (guardian of the person and/or guardian of the estate) rather than “conservatorship.” Whether a particular principal has capacity is a fact question for the court — check with your county probate court or a licensed Indiana attorney.

Other Indiana rules: (1) UNIVERSAL MANDATORY REPORTING — Indiana is a universal mandatory reporting state. Under IC 12-10-3-9, any individual who believes or has reason to believe another individual is an endangered adult must report to Adult Protective Services or a law enforcement agency; there is no “professionals only” limitation.

Staff of a medical or other public or private institution, school, hospital, facility, or agency must immediately notify the person in charge, who is then also responsible for reporting. Failure to report is a Class B misdemeanor under IC 35-46-1-13(a). Good-faith reporters are immune from civil and criminal liability (IC 12-10-3-10), and retaliation against a good-faith reporter is a Class A infraction.

(2) BANK/BROKERAGE HOLD STATUTE — IC 23-19-4.1 (Financially Vulnerable Adult, part of the Indiana Uniform Securities Act) requires a qualified individual at a broker-dealer or investment adviser who reasonably believes financial exploitation of a financially vulnerable adult has occurred, is occurring, has been attempted, or will be attempted to promptly report it to the Indiana Securities Commissioner and to Adult Protective Services (IC 23-19-4.1-6).

Under IC 23-19-4.1-7, the firm may refuse a requested disbursement for up to 15 business days; the Commissioner may extend the refusal an additional 15 business days if internal review supports the belief, and a court may extend it further or grant other protective relief. Parties authorized on the account must be notified within 2 business days of the refusal, and protective agencies within 3 business days.

Firms may share relevant records with protective agencies and law enforcement (IC 23-19-4.1-9). (3) RECORDING — a power of attorney affecting real property must be recorded with the county recorder under IC 30-5-3-3, and any revocation must be recorded in the same office referencing the original instrument’s book/page or instrument number (IC 30-5-10-1).

(4) NO AGENT CERTIFICATION FORM — Indiana does not have the Uniform Power of Attorney Act’s statutory “agent’s certification” or third-party-refusal safe-harbor form; instead, IC 30-5-9-9 makes a person who refuses to honor a valid agent’s authority liable to the principal and the principal’s heirs, assigns, and personal representative to the same extent as if the person had refused the principal acting personally.

(5) SIX-YEAR RECORD RETENTION — IC 30-5-6-4(b) imposes a specific 6-year record-retention duty on agents, which is longer than many states require. (6) NINE-MONTH POST-DEATH WINDOW — absent a court order, an accounting request after the principal’s death must be made within 9 months of the date of death (IC 30-5-6-4).

Mistakes That Make Indiana Power of Attorney Abuse Harder to Undo

The first mistake is confronting the agent before securing the records. An agent who learns a family is asking questions can move money faster than a court can freeze it, so the demand for an accounting and the report to Adult Protective Services should come first, and any confrontation second. The second mistake is assuming the bank will help on its own.

Banks in Indiana may hold suspicious transactions when they are told, but they rarely act on a hunch; a written notice from the family or a court order is what moves them.

The third mistake is treating the power of attorney as the whole story. Many agents also hold joint accounts, beneficiary designations, or a deed with survivorship rights that the document never granted. Those assets pass outside the estate and outside the court’s usual view, which is why the Indiana power of attorney abuse petition should list every account the agent touched, not only the ones the POA named.

The last mistake is waiting for the parent to complain. A parent who depends on the agent for care almost never does.

What to Expect from Indiana Power of Attorney Abuse Cases

Most Indiana power of attorney abuse cases move in three stages. First the family gathers proof — statements, deeds, the power of attorney document itself — and sends a written demand for an accounting. Second comes the report to Adult Protective Services and, where the facts are criminal, to the police or the attorney general.

Third is the court petition, which is where accounts get frozen, agents get suspended, and money gets ordered back.

Families often wait because they do not want to accuse a sibling. The law does not require an accusation; a demand for records is a right, not an insult, and an honest agent can satisfy it in an afternoon.

The cost of waiting in any Indiana power of attorney abuse situation is that money already gone is hard to recover, and a parent who loses capacity can no longer revoke the document themselves.

Quick Answers: Indiana Power of Attorney Abuse

Is Indiana Power of Attorney Abuse a crime?

It can be. Most states treat financial exploitation of an older adult as a distinct offense, and the same conduct supports a civil claim for the money. A Indiana power of attorney abuse report to Adult Protective Services or police does not prevent the family from also petitioning the court.

Official Indiana Sources & Resources

• Indiana Adult Protective Services: https://www.in.gov/fssa/da/adult-protective-services/
• Indiana Power of Attorney Statute: https://iga.in.gov/laws/2025/ic/titles/30#30-5
• Internal Revenue Service — Estate Tax: irs.gov
• Cornell Legal Information Institute: law.cornell.edu/wex

This Indiana guide was last verified against official sources in September 2026. Laws change — verify with your state court, Adult Protective Services, or a licensed attorney.

More Indiana Estate Guides

• Indiana Wills & Estate Planning
• Indiana Living Trust
• Power of Attorney Forms and What They Control
• All State Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.