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: (A) dishonestly; (B) in bad faith; (C) with reckless indifference to the purposes of the power of attorney; (D) through wilful misconduct; (E) through gross negligence; or (F) with actual fraud; or (2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
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