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
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 49A. DURABLE PERSONAL POWERS OF ATTORNEY ACT
Subchapter I. General Provisions
§ 49A-104. Power of attorney is durable.
§ 49A-105. Execution of personal power of attorney.
§ 49A-106. Execution of personal power of attorney.
§ 49A-109. When personal power of attorney effective.
§ 49A-110. Termination of personal power of attorney or agent's authority.
§ 49A-111. Concurrent agents, joint agents, and successor agents.
§ 49A-112. Reimbursement and compensation of agent.
§ 49A-113. Agent's acceptance.
§ 49A-115. Exoneration of agent.
§ 49A-118. Agent's resignation; notice.
§ 49A-119. Acceptance of and reliance upon acknowledged personal power of attorney.
§ 49A-120. Liability for refusal to accept acknowledged personal power of attorney.