IC 30-4-5.5-1 — Remedies by attorney general against certain trustees and other individuals
Chapter 5.5. Enforcement Powers of Attorney General
Section text
Sec. 1. (a) This section applies to the following: (1) A trustee of a benevolent trust, including a perpetual care fund or endowment care fund established under IC 23-14-48 or a prepaid funeral trust or escrow account established under IC 30-2-9, IC 30-2-10, or IC 30-2-13. (2) A cemetery owner. (3) A funeral home. (4) A beneficiary of a contract entered into under IC 30-2-9. (5) A seller (as defined in IC 30-2-13-10) under IC 30-2-13. (6) Any other person that holds a perpetual care fund, an endowment care fund, or a prepaid funeral trust fund. (b) A person described in subsection (a) may not do any of the following: (1) Commit a breach of trust. (2) Violate the mandate of a charitable trust. (3) Violate a duty listed in this article. (4) Fail to comply with a requirement or prohibition set forth in any of the following: (A) IC 23-14-48. (B) IC 23-14-48.5. (C) IC 23-14-49. (D) IC 23-14-51. (E) IC 30-2-9. (F) IC 30-2-10. (G) IC 30-2-13. (H) IC 30-4. (c) The attorney general may petition a court to issue one (1) or more of the following remedies for a breach, violation, or failure enumerated in subsection (b): (1) Injunctive relief. (2) Appointment of temporary or permanent receivers. (3) Permanent removal of trustees. (4) Appointment of permanent replacement trustees subject to court approval. A remedy under this subsection is in addition to any other remedy. (d) The attorney general may seek a remedy listed in subsection (c) against a trustee, a trust, or any other person described in subsection (a) for a breach, violation, or failure enumerated in subsection (b). (e) A court in which an action is brought under this section may do the following: (1) Issue a temporary restraining order, preliminary injunction, or permanent injunction. (2) Order a trustee, an escrow agent, a seller (as defined in IC 30-2-13-10), a cemetery owner, or a funeral home to pay restitution or money unlawfully received or retained from purchasers and deposit the restitution or money into an escrow account for distribution to aggrieved purchasers. (3) Order a trustee, an escrow agent, a seller (as defined in IC 30-2-13-10), a cemetery owner, or a funeral home to reimburse the state for reasonable costs incurred by the attorney general in investigating and prosecuting a violation of this section. (4) Impose civil penalties. (5) Provide for the appointment of a receiver.
As added by P.L.245-2005, SEC.8. Amended by P.L.61-2008, SEC.15.
Source: official publisher (2026 edition)