Attorney in fact benefiting from act; individual or conflicting
interests
Sec. 2. (a) An attorney in fact who acts with due care for the
benefit of the principal is not liable or limited only because the
attorney in fact:
(1) also benefits from the act;
(2) has individual or conflicting interests in relation to the
property, care, or affairs of the principal; or
(3) acts in a different manner with respect to the principal's and
the attorney in fact's individual interests.
(b) A gift, bequest, transfer, or transaction is not presumed to be
valid or invalid if the gift, bequest, transfer, or transaction:
(1) is:
(A) made by the principal taking action; and
(B) not made by an attorney in fact acting for the principal
under a power of attorney; and
(2) benefits the principal's attorney in fact.
As added by P.L.149-1991, SEC.2. Amended by P.L.238-2005,
SEC.52.
Last modified: May 27, 2006