2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 68 - Uniform Power of Attorney Act
Subchapter 1 - General Provisions
§ 28-68-115. Exoneration of agent

Universal Citation: AR Code § 28-68-115 (2017)
  • 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:
    • (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.
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