2020 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 8 - South Carolina Uniform Power Of Attorney Act
Section 62-8-108. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.
(a) In a power of attorney, a principal may nominate a conservator or guardian for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. Unless the power of attorney provides otherwise, appointment of a guardian terminates all or part of the power of attorney that relates to matters within the scope of a guardianship, and appointment of a conservator terminates all or part of the power of attorney that relates to matters within the scope of the conservatorship.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
