SB 71

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
      SENATE ENROLLED ACT No. 71
    AN ACT to amend the Indiana Code concerning probate.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 2-5-56 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]:
   Chapter 56. Guardianship Code Revision Task Force
   Sec. 1. As used in this chapter, "task force" refers to the
guardianship code revision task force established by section 2 of
this chapter.
   Sec. 2. The guardianship code revision task force is established
as a temporary task force serving the general assembly.
   Sec. 3. (a) The task force consists of the following eleven (11)
voting members:
      (1) Two (2) members of the senate, appointed as follows:
         (A) One (1) member appointed by the president pro
         tempore.
         (B) One (1) member appointed by the minority leader of
         the senate.
      (2) Two (2) members of the house of representatives,
      appointed as follows:
         (A) One (1) member appointed by the speaker.
         (B) One (1) member appointed by the minority leader of
         the house of representatives.
      (3) A representative from an area agency on aging appointed
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      by the governor.
      (4) A representative of the Indiana supreme court's adult
      guardianship office appointed by the chief justice of the
      supreme court.
      (5) Two (2) private attorneys who practice guardianship or
      elder law appointed by the governor.
      (6) A manager or trained volunteer from a volunteer
      advocates for seniors and incapacitated adults (VASIA)
      recipient program appointed by the governor.
      (7) One (1) probate court judge appointed by the governor.
      (8) A representative of Indiana Disability Rights appointed by
      the governor.
   (b) Not later than July 31, 2026, the:
      (1) chairperson of the legislative council shall select a member
      of the task force to serve as the chairperson of the task force;
      and
      (2) vice chairperson of the legislative council shall select a
      member of the task force to serve as the vice chairperson of
      the task force.
The members selected under subdivisions (1) and (2) shall serve as
chairperson and vice chairperson, respectively, for the duration of
the task force.
   (c) A member of the task force serves for the duration of the
task force.
   (d) If a vacancy occurs on the task force, the appointing
authority that appointed the member whose position is vacant shall
appoint an individual to fill the vacancy. An individual appointed
to fill a vacancy must have the qualifications that the vacating
member must have. An individual appointed to fill a vacancy
serves for the remainder of the task force's duration.
   (e) Appointments to the task force under this section must be
made not later than July 30, 2026.
   Sec. 4. (a) Six (6) members of the task force constitute a quorum.
   (b) The affirmative vote of at least a majority of the members at
a meeting at which a quorum is present is necessary for the task
force to take action on any measure, including final reports, other
than to meet and take testimony.
   (c) The task force shall meet at the call of the chairperson.
   Sec. 5. All meetings of the task force shall be open to the public
in accordance with and subject to IC 5-14-1.5. All records of the
task force shall be subject to the requirements of IC 5-14-3.
   Sec. 6. The task force shall study the following:
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      (1) Recodification of IC 29-3 (guardianships and protective
      proceedings) in a style that is clear, concise, and easy to
      interpret and apply.
      (2) Improvements to the guardianship code that:
         (A) increase procedural protections for minors and adults
         who are subject to a guardianship procedure, including
         enforcement mechanisms concerning supported decision
         making;
         (B) clearly distinguish between adult and minor
         guardianships; and
         (C) update terminology, including the use of people first
         and person centered language.
   Sec. 7. The task force shall make recommendations based upon
the study conducted under section 6 of this chapter.
   Sec. 8. (a) The task force may, not later than November 1, 2026,
prepare a status report describing the progress made under section
6 of this chapter. The status report may also contain proposed
legislation based on recommendations made under this chapter.
   (b) If the report submitted under subsection (a), does not
contain proposed legislation, the task force shall, not later than
November 1, 2027, submit a report of proposed legislation based on
recommendations made under this chapter.
   (c) A report issued under this section must be submitted:
      (1) in an electronic format under IC 5-14-6 to the executive
      director of the legislative services agency for distribution to
      the members of the general assembly; and
      (2) to the governor.
   Sec. 9. The legislative services agency shall provide staff support
to the task force.
   Sec. 10. (a) Each legislative member and each lay member of the
task force is entitled to receive the same per diem, mileage, and
travel allowances paid to individuals serving as legislative and lay
members, respectively, on an interim study committee established
by the legislative council.
   (b) A member of the task force who is a state employee is not
entitled to a per diem. However, the member is entitled to receive
the same travel allowances paid to members of the task force
described in subsection (a).
   Sec. 11. The task force's expenses, including the payment of per
diem, mileage, and travel allowances under section 10 of this
chapter, are payable from amounts appropriated to the legislative
council.
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   Sec. 12. This chapter expires December 31, 2027.
   SECTION 2. IC 29-3-3-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) Any person indebted to a
minor or having possession of property belonging to a minor in an
amount not exceeding ten twenty-five thousand dollars ($10,000)
($25,000) may pay the debt or deliver the property without the
appointment of a guardian, giving of bond, or other order of court
directly to:
      (1) any person having the care and custody of the minor with
      whom the minor resides; or
      (2) a custodian for the benefit of the minor under IC 30-2-8.5.
   (b) Persons receiving property for a minor under this section are
obligated to apply the property to the support, use, and benefit of the
minor.
   (c) This section does not apply if the person paying or delivering the
property knows that a guardian has been appointed for the minor or that
proceedings for appointment of a guardian for the minor are pending.
   (d) A person who pays or delivers property in accordance with this
section in good faith is not responsible for the proper application of that
property.
   SECTION 3. IC 29-3-4-1, AS AMENDED BY P.L.6-2010,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Upon petition by any person and after a
hearing under IC 29-3-5, the court may issue, without the appointment
of a guardian, any protective order for the benefit of a person who has
been adjudicated an incapacitated person or is a minor.
   (b) Notice of the filing of a petition under this chapter for the
issuance of a protective order and the hearing on the petition shall be
given under IC 29-3-6.
   (c) Incapacitated persons and minors have the same rights at the
hearing on a petition filed under this chapter for the issuance of a
protective order as they would have at a hearing for the appointment of
a guardian.
   (d) The court may issue a protective order concerning an
incapacitated person if the court finds that:
      (1) the incapacitated person:
         (A) owns property or has income requiring management or
         protection that cannot otherwise be provided;
         (B) has or may have financial or business affairs that may be
         jeopardized or impaired; or
         (C) has property that needs to be managed to provide for the
         support or protection of the incapacitated person;
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       (2) the incapacitated person is unable to manage the incapacitated
       person's property and financial or business affairs effectively; and
       (3) the protection sought is necessary.
The court shall make the orders that it considers proper and appropriate
to protect the person, business affairs, and property of the incapacitated
person.
    (e) The court may issue a protective order concerning a minor if the
court finds that:
       (1) the minor:
           (A) owns property or has income requiring management or
           protection that cannot otherwise be provided;
           (B) has or may have financial or business affairs that may be
           jeopardized or impaired; or
           (C) has property that needs to be managed to provide for the
           support or protection of the minor; and
       (2) the protection sought is necessary.
The court shall make the orders it considers proper and appropriate to
protect the person, business affairs, and property of the minor.
    (f) If the court finds grounds for a protective order under subsection
(d) or (e), it may, without appointing a guardian, declare the person to
be a protected person and authorize or ratify any transaction necessary
or desirable to meet the needs of the protected person. Protective
arrangements include the following:
       (1) The payment, delivery, deposit, or retention of property,
       including delivery of property to a custodian under
       IC 30-2-8.5.
       (2) The sale, mortgage, lease, or other transfer of property.
       (3) The entry into an annuity contract, a contract for life care, a
       deposit contract, or a contract for training and educating a person.
       (4) The addition to or establishment of a suitable trust.
A court may order a trustee, custodian, or other person to file
periodic reports concerning a transaction involving property of a
minor ordered under subdivisions (1) through (4).
    SECTION 4. IC 29-3-9-7, AS AMENDED BY P.L.56-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Whenever it is proposed to compromise any
claim by or against a protected person or the protected person's
property, the court, on petition of the guardian, may enter an order
authorizing the compromise to be made if satisfied that the compromise
will be in the best interest of the protected person.
    (b) Whenever a minor has a disputed claim against another person,
whether arising in contract, tort, or otherwise, and a guardian for the
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minor and the minor's property has not been appointed:
      (1) the parents of the minor; or
      (2) any other person having the care and custody of the minor
      with whom the minor resides;
may petition a court to compromise the claim. However, before the
compromise is valid, it must be approved by the court upon filing of a
petition requesting the court's approval. A petition filed under this
subsection may be combined with a petition for a protective order
filed under IC 29-3-4-1. The court must hold a hearing on a
petition filed under this subsection before issuing an order to
approve the compromise. A guardian ad litem, an attorney, or
another representative may be appointed to represent the best
interest of the minor in a proceeding held under this subsection.
    (c) If the court approves the compromise, it may direct that the
settlement be paid in accordance with IC 29-3-3-1 or in accordance
with a protective order entered under IC 29-3-4-1. If IC 29-3-3-1 is
or IC 29-3-4-1 are not applicable, the court shall require that a
guardian be appointed and that the settlement be delivered to the
guardian upon the terms that the court directs.
    (c) (d) Any exhibit demonstrating a compromise on behalf of a
protected person or a minor and any testimony related to such
compromise that is offered or admitted into evidence in a legal
proceeding commenced under this section shall be maintained by the
court as a confidential court record. The confidential exhibits and
record may not be used in any other proceeding or for any other person.
    (d) (e) Subsection (c) (d) does not prohibit the following persons
from having access to the confidential exhibits and record for the
purpose of learning, confirming, and enforcing the economic terms of
the compromise, for the purpose of enforcing or modifying any trust
that is funded under the compromise, or for the purpose of obtaining a
qualified order with respect to a structured settlement under IC 34-50-2
and 26 U.S.C. 5891(b):
      (1) The attorney of record for the incapacitated person or minor.
      (2) A guardian or guardian ad litem appointed for the
      incapacitated person or minor by a court of competent
      jurisdiction, and the attorney, if any, for the guardian or guardian
      ad litem.
      (3) Each current trustee or trust director that participates in the
      administration of a trust funded under the compromise and the
      attorneys of record for each current trustee or trust director.
      (4) A prospective successor trustee or successor trust director that
      is proposed to serve in the administration of a trust funded under
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      the compromise.
    SECTION 5. IC 30-2-8.5-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 22. (a) A person not
subject to section 20 or 21 of this chapter that holds property of or owes
a liquidated debt to a minor not having a guardian may make an
irrevocable transfer to a custodian for the benefit of the minor under
section 24 of this chapter.
    (b) If a person having the right to nominate a custodian under
section 18 of this chapter has nominated a custodian under that section
to receive the custodial property, the transfer shall be made to the
custodian.
    (c) A trustee or administrator of a retirement plan, life
insurance plan, or employee profit or stock sharing plan of which
a minor is a designated beneficiary may transfer funds due under
the plan to the minor under subsection (a).
    SECTION 6. IC 30-2-8.5-29, AS AMENDED BY P.L.95-2007,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 29. (a) A custodian may deliver or pay to the
minor or expend for the minor's benefit so much of the custodial
property as the custodian considers advisable for the use and benefit of
the minor, without court order and without regard to:
      (1) the duty or ability of the custodian personally or of any other
      person to support the minor; or
      (2) any other income or property of the minor that may be
      applicable or available for the support of the minor.
    (b) At any time and without a court order, a custodian may transfer
part or all of the custodial property to:
      (1) a trust, including a trust created by the custodian, in which:
          (1) (A) the minor is the sole beneficiary of the trust; and
          (2) (B) the terms of the trust satisfy the requirements of
          Section 2503(c) of the Internal Revenue Code and the
          regulations under that section;
The transfer terminates the custodianship of the property to the extent
of the transfer.
      (2) an account, including an account created by the custodian,
      in which:
          (A) the minor is the sole beneficiary of the account; and
          (B) the terms of the account satisfy the requirements of:
            (i) Section 529 of the Internal Revenue Code; or
            (ii) IC 21-9 (education savings programs);
      (3) a qualified disability trust, including a qualified disability
      trust created by the custodian, in which:
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          (A) the minor, who has been determined to have a
          qualifying disability, is the sole beneficiary of the qualified
          disability trust; and
          (B) the terms of the qualified disability trust satisfy the
          requirements of Section 642(b)(2)(C)(ii) of the Internal
          Revenue Code;
      (4) an account established within a pooled trust managed by
      a nonprofit organization in which:
          (A) the minor, who has been determined to have a
          qualifying disability, is the sole beneficiary of the account;
          and
          (B) the pooled trust satisfies the requirements of 42 U.S.C.
          1396p(d)(4)(C); or
      (5) a qualified ABLE account, including an ABLE account
      created by a custodian, in which:
          (A) the minor is the exclusive designated beneficiary of the
          ABLE account; and
          (B) the ABLE account satisfies the requirements of:
            (i) Section 529A of the Internal Revenue Code; and
            (ii) IC 12-11-14 (Achieving a Better Life Experience
            (ABLE) program).
A transfer made under this subsection terminates the
custodianship of the property to the extent of the transfer.
    (c) On petition of an interested person or the minor if the minor is
at least fourteen (14) years of age, the court may order the custodian to
deliver or pay to the minor or expend for the minor's benefit as much
of the custodial property as the court considers advisable for the use
and benefit of the minor.
    (d) A delivery, payment, or expenditure under this section is in
addition to, not in substitution for, and does not affect an obligation of
a person to support the minor. A custodian may not use custodial
property to satisfy any legal support obligation owed to the minor
by the custodian.
    SECTION 7. IC 30-4-5-26, AS ADDED BY P.L.61-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 26. (a) If the trustee has the full, unrestricted
power to alienate trust property and the trust expressly states that this
exception applies to the trust, IC 32-17-8-3 shall apply to a nonvested
property interest or power of appointment contained in the trust by
substituting three hundred sixty (360) years instead of ninety (90) years
in each place where the term appears in IC 32-17-8-3, unless the terms
of the trust require that all beneficial interests in the trust vest or
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terminate within a lesser period.
    (b) When a power of appointment in a trust ("first power") ("earlier
power") is exercised to create another power of appointment ("second
power"), ("subsequent power") or another nonvested property
interest, then a the subsequent power or nonvested property interest
or second power created through the exercise of the first earlier power
is considered to have been created at the time of irrevocable exercise
the creation of the first earlier power, unless:
      (1) the instrument exercising creating the first earlier power; or
      (2) the instrument exercising the earlier power;
explicitly provides that the second subsequent power was or
nonvested property interest is considered to have been created at the
time of creation the irrevocable exercise of the first earlier power.
    SECTION 8. IC 30-5-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 12. (a) Language
conferring general authority with respect to personal maintenance or
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 principal and the principal's 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 or 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 principal and
          the principal's 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 principal and the
      principal's 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 and 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,
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   and replace automobiles owned by the principal and customarily
   used by the principal or the principal's 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 or 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
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      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.
    SECTION 9. IC 30-5-5-16, AS AMENDED BY P.L.38-2023,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) This section does not prohibit an individual
capable of consenting to the individual's own health care or to the
health care of another from consenting to health care administered in
good faith under the religious tenets and practices of the individual
requiring health care.
    (b) Language conferring general authority with respect to health
care powers means the principal authorizes the attorney in fact to do
the following:
      (1) Employ or contract with servants, companions, or health care
      providers to care for the principal.
      (2) Consent to or refuse health care for the principal who is an
      individual in accordance with IC 16-36-4 and IC 16-36-1 by
      properly executing and attaching to the power of attorney a
      declaration or appointment, or both.
      (3) Admit or release the principal from a hospital or health care
      facility.
      (4) Have access to records, including medical records, concerning
      the principal's condition.
      (5) Make anatomical gifts on the principal's behalf.
      (6) Request an autopsy.
      (7) Make plans for the disposition of the principal's body,
      including executing a funeral planning declaration on behalf of
      the principal in accordance with IC 29-2-19.
    (c) Except as provided in subsection (d), if an individual has
executed both:
      (1) a power of attorney under this article that authorizes an
      attorney in fact to apply for public benefits on behalf of the
      individual; and
      (2) an advance directive under IC 16-36-7 that authorizes a health
      care representative to apply for public benefits on behalf of the
      individual under IC 16-36-7-36(a)(6);
the authority of the attorney in fact described in subdivision (1) to
apply for public benefits on behalf of the individual and to access the
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individual's assets, income, and banking and financial assets supersedes
the authority of the health care representative described in subdivision
(2).
    (d) The authority of a health care representative described in
subsection (c)(2) supersedes the authority of an attorney in fact
described in subsection (c)(1) to apply for public benefits on behalf of
the individual if the individual has specifically granted the authority of
the health care representative to supersede the authority of the attorney
in fact in the executed power of attorney.
    (e) Notwithstanding any other law, a document granting health care
powers to an attorney in fact for health care may not be executed under
this chapter after December 31, 2022. However, if a power of attorney
that is executed after December 31, 2022, is written to grant both:
      (1) health care powers; and
      (2) nonhealth care powers under this chapter;
to an attorney in fact, the health care powers are void, but all other
powers granted by the power of attorney will remain effective and
enforceable under this article.
    SECTION 10. IC 32-17-8-3.5, AS ADDED BY P.L.61-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. When the an initial power of appointment in
a legacy trust is exercised to create a second subsequent power of
appointment or nonvested property interest, the subsequent power
of appointment or a nonvested property interest or the second power
of appointment created through the exercise of the initial power of
appointment is considered to have been created at the time of the
irrevocable exercise creation of the initial power of appointment,
unless:
      (1) the instrument exercising creating the initial power of
      appointment; or
      (2) the instrument exercising the initial power of
      appointment;
explicitly provides that the second subsequent power of appointment
was is considered to have been created at the time of the creation
irrevocable exercise of the initial power of appointment.
    SECTION 11. IC 32-17-8-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.5. For all purposes under this
chapter and IC 30-4-5-26, this section applies only to a lifetime or
inter vivos transfer of property to a trust or similar arrangement
under which the spouse of the transferor is granted a limited power
of appointment ("earlier power") that can be exercised during the
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spouse's lifetime or upon the spouse's death to create a subsequent
limited power of appointment or another nonvested property
interest. The exercise of the earlier power or another nonvested
property interest is considered to have been created at the time of
the creation of the earlier power by the transferor.
   SECTION 12. IC 32-28-15-1, AS ADDED BY P.L.62-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Except as otherwise provided in this
chapter, this chapter does not apply to a residential real estate service
agreement entered into before March 15, 2024.
   (b) This chapter does not apply to any of the following:
     (1) A home warranty or similar product that covers the cost of
     maintenance of a major home system, such as:
         (A) a plumbing system;
         (B) a heating, cooling, and ventilation system; or
         (C) electrical wiring;
     for a fixed period.
     (2) An insurance contract.
     (3) An option to purchase residential real estate or a right of
     refusal to purchase residential real estate.
     (4) A declaration that is created in the formation of:
         (A) an association of co-owners (as defined in IC 32-25-2-2)
         for a condominium (as defined in IC 32-25-2-7); or
         (B) a homeowners association (as defined in IC 32-25.5-2-4);
     including any amendment to the declaration.
     (5) A maintenance or repair agreement entered into by:
         (A) an association of co-owners (as defined in IC 32-25-2-2)
         for a condominium (as defined in IC 32-25-2-7); or
         (B) a homeowners association (as defined in IC 32-25.5-2-4).
     (6) A mortgage loan or a commitment to make or receive a
     mortgage loan.
     (7) A security agreement under IC 26-1 concerning the sale or
     rental of personal property or fixtures.
     (8) Providers of:
         (A) utility services, including water, sewer, gas, or electric
         service; or
         (B) communications service (as defined in IC 8-1-32.5-3).
     (9) A land contract (as defined in IC 24-9-2-9.5).
     (10) An attorney's lien authorized by IC 33-43-4.
     (11) A statutory lien authorized by this article, including:
         (A) the lien of a broker company (as defined in
         IC 32-28-12.5-0.5) upon commercial real estate under
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                              14
      IC 32-28-12.5-5; or
      (B) a mechanic's or materialman's lien under IC 32-28-3.
   (12) A written agreement executed between an individual who
   owns residential real property and:
      (A) a family member of the individual;
      (B) the individual's attorney in fact through a power of
      attorney;
      (C) the individual's health care representative through a
      health care advanced directive; or
      (D) a guardian of the individual's person or estate;
   in which the person described in clauses (A) through (D)
   agrees to pay or provide for the maintenance, repair, costs, or
   upkeep of the residential real property. An agreement under
   this subdivision may grant or convey an interest in the
   residential real property to a person described in clauses (A)
   through (D) or the interest in the residential real property
   may be secured by a lien.
SEA 71 — CC 1
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
SEA 71 — CC 1