(a) An attorney in fact, guardian, conservator, or other agent acting on the behalf of the owner of property may make, revoke, or change a beneficiary designation if:
- (1) the action complies with the terms of this chapter and any other applicable law; and
- (2) the action is not expressly forbidden by the document establishing the agent's right to act on behalf of the owner.
- (b) An attorney in fact, guardian, conservator, or other agent may withdraw, sell, pledge, or otherwise transfer property that is subject to a beneficiary designation notwithstanding the fact that the effect of the transaction may be to extinguish a beneficiary's right to receive a transfer of the property at the death of the owner.
(c) The rights of a beneficiary to any part of property that is subject to a beneficiary designation after the death of the owner are determined under IC 29-3-8-6.5 if:
- (1) a guardian or conservator takes possession of the property;
- (2) the guardian sells, transfers, encumbers, or consumes the property during the protected person's lifetime; and
- (3) the owner subsequently dies.
As added by P.L.143-2009, SEC.41.