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§ 49a-115 — Delaware Law | CourtGPT
  1. Home/
  2. Laws/
  3. Delaware/
  4. Title 12 - Decedents' Estates and Fiduciary Relations/
  5. Chapter 49a - Durable Personal Powers of Attorney Actsub/
  6. Subchapter I - General Provisions§ 49a-101. Short Title/
  7. § 49a-115
Delaware Legal Code

§ 49a-115

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§§ 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.77 Del. Laws, c. 467, § 4;