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.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 68 - Uniform Power of Attorney Act
Subchapter 1 - General Provisions
§ 28-68-104. Power of attorney is durable
§ 28-68-105. Execution of power of attorney
§ 28-68-106. Validity of power of attorney
§ 28-68-107. Meaning and effect of power of attorney
§ 28-68-108. Nomination of guardian — Relation of agent to court-appointed fiduciary
§ 28-68-109. When power of attorney effective
§ 28-68-110. Termination of power of attorney or agent's authority
§ 28-68-111. Coagents and successor agents
§ 28-68-112. Reimbursement and compensation of agent
§ 28-68-113. Agent's acceptance
§ 28-68-115. Exoneration of agent
§ 28-68-117. Agent's liability
§ 28-68-118. Agent's resignation — Notice
§ 28-68-119. Acceptance of and reliance upon acknowledged power of attorney
§ 28-68-120. Liability for refusal to accept acknowledged statutory form power of attorney
§ 28-68-121. Principles of law and equity
§ 28-68-122. Laws applicable to financial institutions and entities