75A-2-115. Exoneration of agent.
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/ut/title-75a/chapter-2/75a-2-115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 9/1/2024
75A-2-115. 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 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 and Amended by Chapter 364 , 2024 General Session