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:
A. 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
B. was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
History: Laws 2007, ch. 135, § 115; 1978 Comp., § 46B-1-115 recompiled as § 45-5B-115 by Laws 2011, ch. 124, § 102.
Recompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-115 NMSA 1978 as 45-5B-115 NMSA 1978, effective January 1, 2012.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5B - Uniform Power of Attorney
Section 45-5B-101 - Short title.
Section 45-5B-102 - Definitions.
Section 45-5B-103 - Applicability.
Section 45-5B-104 - Power of attorney is durable.
Section 45-5B-105 - Execution of power of attorney.
Section 45-5B-106 - Validity of power of attorney.
Section 45-5B-107 - Meaning and effect of power of attorney.
Section 45-5B-109 - When power of attorney effective.
Section 45-5B-110 - Termination of power of attorney or agent's authority.
Section 45-5B-111 - Co-agents and successor agents.
Section 45-5B-112 - Reimbursement and compensation of agent.
Section 45-5B-113 - Agent's acceptance.
Section 45-5B-114 - Agent's duties.
Section 45-5B-115 - Exoneration of agent.
Section 45-5B-116 - Judicial relief.
Section 45-5B-117 - Agent's liability.
Section 45-5B-118 - Agent's resignation; notice.
Section 45-5B-119 - Acceptance of and reliance upon acknowledged power of attorney.
Section 45-5B-120 - Liability for refusal to accept acknowledged power of attorney.
Section 45-5B-121 - Principles of law and equity.
Section 45-5B-122 - Laws applicable to financial institutions and entities.