(1) 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.
(2) An exculpatory term drafted
or caused to be drafted by an agent is invalid as an abuse of fiduciary or
confidential relationship unless the agent proves that the exculpatory term
is fair under the circumstances and that its existence and contents were adequately
communicated to the principal.
Notes of Decisions
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
· cites it 10× “There, we determined that it did not apply to the period from February through December 2012.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
· cites it 10× “There, we determined that it did not apply to the period from February through December 2012.”
Neb. Rev. Stat. § 30-4015(1): 2 cases
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
“There, we determined that it did not apply to the period from February through December 2012.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
“There, we determined that it did not apply to the period from February through December 2012.”
Neb. Rev. Stat. § 30-4015(1)(b): 2 cases
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
“There, we determined that it did not apply to the period from February through December 2012.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
“There, we determined that it did not apply to the period from February through December 2012.”
Neb. Rev. Stat. § 30-4015(2): 2 cases
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
“There, we determined that it did not apply to the period from February through December 2012.”
In re Est. of Adelung, 947 N.W.2d 269 (Neb. 2020).
“There, we determined that it did not apply to the period from February through December 2012.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.