(a) Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving written notice to:
(1) the principal;
(2) a coagent or successor agent;
(3) the principal's conservator if one has been appointed for the principal; and
(4) the principal's guardian if one has been appointed for the principal.
(b) If there is no person described in subsection (a)(1) through (4), then the agent shall provide written notice to:
(1) the principal's health care agent, if there is a health care agent; or
(2) another person reasonably believed by the agent to have sufficient interest in the principal's welfare, if there is no health care agent.
(c) If the power of attorney has been recorded then the resignation also must be recorded in the same location 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
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 62-8-109. 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 62-8-401. Jurisdiction.
Section 62-8-402. Relation to Electronic Signatures in Global and National Commerce Act.