A provision in a personal 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 in bad faith or with reckless indifference to the purposes of the personal power of attorney or the best interest of the principal; or
(2) Was inserted as a result of undue influence upon the principal.
Structure Delaware Code
§ 3203. . . Power of attorney is durable.
§ 3204. . . Execution of personal power of attorney.
§ 3205. . . Execution of personal power of attorney.
§ 3207. . . When the personal power of attorney is effective.
§ 3208. . . Termination of personal power of attorney or agent's authority.
§ 3209. . . Concurrent agents, joint agents, and successor agents.
§ 3210. . . Reimbursement and compensation of agent.
§ 3211. . . Agent's acceptance.
§ 3213. . . Exoneration of agent.
§ 3215. . . Agent's resignation; notice.
§ 3216. . . Acceptance of and reliance upon acknowledged personal power of attorney.