Del. Code tit. 12 § 49A-115

Current through 2024 Legislative Session Act Chapter 531

Section 49A-115 - Exoneration of agent

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.

12 Del. C. § 49A-115

77 Del. Laws, c. 467, § 4.;