15-12-115. EXONERATION OF AGENT. A provision in a power of attorney relieving the 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.
History:
[15-12-115, added 2008, ch. 186, sec. 2, p. 565.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 12 - UNIFORM POWER OF ATTORNEY ACT
Part 1 - GENERAL PROVISIONS AND DEFINITIONS
Section 15-12-101 - SHORT TITLE.
Section 15-12-102 - DEFINITIONS.
Section 15-12-103 - APPLICABILITY.
Section 15-12-104 - POWER OF ATTORNEY IS DURABLE.
Section 15-12-105 - EXECUTION OF POWER OF ATTORNEY.
Section 15-12-106 - VALIDITY OF POWER OF ATTORNEY.
Section 15-12-107 - MEANING AND EFFECT OF POWER OF ATTORNEY.
Section 15-12-108 - NOMINATION OF CONSERVATOR — RELATION OF AGENT TO COURT-APPOINTED FIDUCIARY.
Section 15-12-109 - WHEN POWER OF ATTORNEY EFFECTIVE.
Section 15-12-110 - TERMINATION OF POWER OF ATTORNEY OR AGENT’S AUTHORITY.
Section 15-12-111 - COAGENTS AND SUCCESSOR AGENTS.
Section 15-12-112 - REIMBURSEMENT AND COMPENSATION OF AGENT.
Section 15-12-113 - AGENT’S ACCEPTANCE.
Section 15-12-114 - AGENT’S DUTIES.
Section 15-12-115 - EXONERATION OF AGENT.
Section 15-12-116 - JUDICIAL RELIEF.
Section 15-12-117 - AGENT’S LIABILITY.
Section 15-12-118 - AGENT’S RESIGNATION — NOTICE.
Section 15-12-119 - ACCEPTANCE OF AND RELIANCE UPON AN ACKNOWLEDGED POWER OF ATTORNEY.
Section 15-12-120 - LIABILITY FOR REFUSAL TO ACCEPT AN ACKNOWLEDGED POWER OF ATTORNEY.
Section 15-12-121 - PRINCIPLES OF LAW AND EQUITY.
Section 15-12-122 - LAWS APPLICABLE TO FINANCIAL INSTITUTIONS AND ENTITIES.