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2019 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 8 - South Carolina Uniform Power Of Attorney Act
Section 62-8-115. Exoneration of agent.
Universal Citation: SC Code § 62-8-115 (2019)
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.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
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