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:

   1. (A) dishonestly;
   2. (B) in bad faith;
   3. (C) with reckless indifference to the purposes of the power of attorney;
   4. (D) through wilful misconduct;
   5. (E) through gross negligence; or
   6. (F) with actual fraud; or
2. (2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

HISTORY: 2016 Act No. 279 (S.778), SECTION 1, eff January 1, 2017.