South Carolina Code 62-8-118. Agent’s resignation; notice
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(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;
Terms Used In South Carolina Code 62-8-118
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(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.