Section 1337.35 | Exoneration of agent.
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 that either of the following applies:
(A) The provision 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.
(B) The provision was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Available Versions of this Section
- March 22, 2012 – Senate Bill 117, 129th General Assembly [ View March 22, 2012 Version ]