TITLE 15

UNIFORM PROBATE CODE

CHAPTER 12

UNIFORM POWER OF ATTORNEY ACT

PART 1.

GENERAL PROVISIONS AND DEFINITIONS

15-12-115.  Exoneration of agent. A provision in a power of attorney relieving the 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.

History:

[15-12-115, added 2008, ch. 186, sec. 2, p. 565.]