South Carolina § 62-8-115 Exoneration of agent.

South Carolina Statutes

§ 62-8-115 — Exoneration of agent.

South Carolina § 62-8-115

Title 62SOUTH CAROLINA PROBATE CODE

Ch.ARTICLE 8 - SOUTH CAROLINA UNIFORM POWER OF ATTORNEY ACT

This text of South Carolina § 62-8-115 (Exoneration of agent.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 62-8-115 (2026).

Text

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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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.