Section 75A-2-115 - 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 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.Renumbered from § 75-9-115 and amended by Chapter 364, 2024 General Session ,§ 38, eff. 9/1/2024.Added by Chapter 256, 2016 General Session ,§ 16, eff. 5/10/2016.