South Carolina Statutes
§ 62-8-115 — Exoneration of agent.
South Carolina·Title 62 SOUTH CAROLINA PROBATE CODE·Ch. ARTICLE 8 - SOUTH CAROLINA UNIFORM POWER OF ATTORNEY ACT
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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South Carolina § 62-8-115 (Exoneration of agent.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 2016 Act No. 279 (S.778), SECTION 1, eff January 1, 2017.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.