§5-915. 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: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1. Dishonesty, improper motive, reckless indifference. 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
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Abuse of relationship. Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS
Part 9: MAINE UNIFORM POWER OF ATTORNEY ACT
Subpart 1: GENERAL PROVISIONS AND DEFINITIONS
18-C §5-904. Power of attorney is durable
18-C §5-905. Execution of power of attorney; notices
18-C §5-906. Validity of power of attorney
18-C §5-907. Meaning and effect of power of attorney
18-C §5-908. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary
18-C §5-909. When power of attorney effective
18-C §5-910. Termination of power of attorney or agent's authority
18-C §5-911. Coagents and successor agents
18-C §5-912. Reimbursement and compensation of agent
18-C §5-913. Agent's acceptance
18-C §5-915. Exoneration of agent
18-C §5-917. Agent's liability
18-C §5-918. Agent's resignation; notice
18-C §5-919. Acceptance of and reliance upon acknowledged power of attorney
18-C §5-920. Liability for refusal to accept acknowledged power of attorney
18-C §5-921. Principles of law and equity
18-C §5-922. Laws applicable to financial institutions and entities