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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 62-8-115: Exoneration of agent.

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Where this section sits in the code
  1. Title 62 - SOUTH CAROLINA PROBATE CODE
  2. ARTICLE 8 South Carolina Uniform Power of Attorney Act
  3. Part 1 General Provisions

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.

Collected 2026-09-02T08:08:59Z. Source file · JSON

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