South Carolina Code of Laws
Article 8 - South Carolina Uniform Power Of Attorney Act
Section 62-8-110. Termination of power of attorney or agent's authority.

(a) A power of attorney terminates when the:
(1) principal dies;
(2) principal becomes incapacitated, if the power of attorney is not durable;
(3) principal revokes the power of attorney;
(4) power of attorney provides that it terminates;
(5) purpose of the power of attorney is accomplished; or
(6) principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(b) An agent's authority terminates when the:
(1) principal revokes the authority;
(2) agent dies, becomes incapacitated, or resigns;
(3) agent's authority is revoked pursuant to Section 62-2-507, unless the power of attorney otherwise provides; or
(4) power of attorney terminates.
(c) Unless the power of attorney otherwise provides and subject to Section 62-8-109, an agent's authority is exercisable until the agent's authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(g) Unless otherwise provided in the power of attorney, a revocation of a power of attorney must be executed in accordance with Sections 62-8-105 and 62-8-106 and, if the power of attorney has been recorded, then the revocation also must be recorded in the same county as the recorded power of attorney.
HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 62 - South Carolina Probate Code

Article 8 - South Carolina Uniform Power Of Attorney Act

Section 62-8-101. Short title.

Section 62-8-102. Definitions.

Section 62-8-103. Applicability.

Section 62-8-104. Power of attorney is durable.

Section 62-8-105. Execution of power of attorney.

Section 62-8-106. Validity of power of attorney.

Section 62-8-107. Meaning and effect of power of attorney.

Section 62-8-108. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.

Section 62-8-109. When power of attorney effective.

Section 62-8-110. Termination of power of attorney or agent's authority.

Section 62-8-111. Coagents and successor agents.

Section 62-8-112. Reimbursement and compensation of agent.

Section 62-8-113. Agent's acceptance.

Section 62-8-114. Agent's duties.

Section 62-8-115. Exoneration of agent.

Section 62-8-116. Judicial relief.

Section 62-8-117. Agent's liability.

Section 62-8-118. Agent's resignation; notice.

Section 62-8-119. Acceptance of and reliance upon acknowledged power of attorney; form.

Section 62-8-120. Liability for refusal to accept acknowledged power of attorney.

Section 62-8-121. Principles of law and equity.

Section 62-8-122. Laws applicable to financial institutions and entities.

Section 62-8-123. Remedies under other law.

Section 62-8-201. Authority that requires specific grant; grant of general authority.

Section 62-8-202. Incorporation of authority.

Section 62-8-203. Construction of authority generally.

Section 62-8-204. Real property.

Section 62-8-205. Tangible personal property.

Section 62-8-206. Stocks and bonds.

Section 62-8-207. Commodities and options.

Section 62-8-208. Banks and other financial institutions.

Section 62-8-209. Operation of entity or business.

Section 62-8-210. Insurance and annuities.

Section 62-8-211. Estates, trusts, and other beneficial interests.

Section 62-8-212. Claims and litigation.

Section 62-8-213. Personal and family maintenance.

Section 62-8-214. Benefits from governmental programs or civil or military service.

Section 62-8-215. Retirement plans.

Section 62-8-216. Taxes.

Section 62-8-217. Gifts.

Section 62-8-401. Jurisdiction.

Section 62-8-402. Relation to Electronic Signatures in Global and National Commerce Act.

Section 62-8-403. Effect on existing powers of attorney.