(a) Except as otherwise provided in subsection (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this chapter.(b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provision of the trust.(c) This chapter applies to a trustee or escrow agent, acting as fiduciary, of:(1) a perpetual care fund established under IC 23-14-48-2;(2) a prepaid funeral plan or funeral trust established under IC 30-2-9;(3) a funeral trust established under IC 30-2-10; or(4) a trust or escrow account created from payments of funeral, burial services, or merchandise in advance of need, as described in IC 30-2-13.As added by P.L.137-1999, SEC.3. Amended by P.L.61-2008, SEC.14; P.L.33-2019, SEC.14.
Indiana Legal Code