2011 New Mexico Statutes
Chapter 46B: Uniform Power of Attorney Act
Article 1: Uniform Power of Attorney Act, 46B-1-101 through 46B-1-403
Section 46B-1-115: Exoneration of agent. (Recompiled effective January 1, 2012.)
46B-1-115. Exoneration of agent. (Recompiled effective January 1, 2012.)
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.
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