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 the provision:

1. (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. (2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

(P.A. 15-240, S. 15; P.A. 16-40, S. 9.)

History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 15, from July 1, 2016, to October 1, 2016, effective May 27, 2016.