Unless the power of attorney otherwise provides and subject to Section 62-8-201, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon whom process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
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.