A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Section: Previous 28-68-108 28-68-109 28-68-110 28-68-111 28-68-112 28-68-113 28-68-114 28-68-115 28-68-116 28-68-117 28-68-118 28-68-119 28-68-120 28-68-121 28-68-122 NextLast modified: November 15, 2016