HRS §551E-11
When an agent can be excused from legal responsibility
A power of attorney can include a clause that excuses the agent from legal responsibility for mistakes. That clause is valid unless the agent acted dishonestly, with bad motives, or recklessly, or unless the clause was added by taking advantage of a trusted relationship.
attorneystrustees
The statute, as written — ‑11] Exoneration of agent
A provision in a power of attorney relieving an agent of liability for breach of duty shall be 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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