South Carolina Code of Laws
Article 8 - South Carolina Uniform Power Of Attorney Act
Section 62-8-116. Judicial relief.

(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(1) the principal or the agent;
(2) a guardian, conservator, or other fiduciary acting for the principal;
(3) a person authorized to make health care decisions for the principal;
(4) the principal's spouse, parent, or adult descendant;
(5) an individual who would qualify as a presumptive heir of the principal;
(6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) a governmental agency having regulatory authority to protect the welfare of the principal;
(8) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(9) a person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed pursuant to this section if the court determines that dismissal is in the best interest of the principal.
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.