1.         A provision authorizing an agent to engage in a transaction affected by a conflict of interest which is inserted into a power of attorney as the result of the abuse of a fiduciary or confidential relationship with the principal by the agent or the agent’s affiliate is invalid.

2.Affiliates of an agent include:

A.The agent’s spouse;

B.The agent’s descendants, siblings, parents, or their spouses;

C.A corporation or other entity in which the agent, or a person who owns a significant interest in the agent, has an interest that might affect the agent’s best judgment;

D.A person or entity that owns a significant interest in the agent; or

E.The agent acting in a fiduciary capacity for someone other than the principal.

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