Section 62-8-115 - Exoneration of agentA 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:(C) with reckless indifference to the purposes of the power of attorney;(D) through wilful misconduct;(E) through gross negligence; or(F) with actual fraud; or(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.Added by 2016 S.C. Acts, Act No. 279 (SB 778), s 1, eff. 1/1/2017.