Power of Attorney Acceptance and Refusal Rules in South Carolina

At a glance

Requirements one by one

Coverage and timing

For this procedure, an acknowledged power is one purportedly executed under South Carolina’s power-of-attorney execution section (S.C. Code § 62-8-119(a)). Article 8 excludes several other powers, including a financial institution’s or brokerage firm’s form relating only to its own account and intended solely for its use (§ 62-8-103).

A person presented with a covered power must accept it or request an allowed supporting item within seven business days. If the item is requested, acceptance is due five business days after receipt; the statutory refusal grounds can remove these duties (§ 62-8-120(a)-(b)).

Verification and cost

The recipient may request an agent certification under penalty of perjury or an English translation when the power contains another language. A counsel opinion is limited to a legal matter when the power does not appear effective under § 62-8-109, and that request must state a reason in writing (§ 62-8-119(c)). A translation or opinion is at the principal’s expense unless the request comes more than seven business days after presentment (§ 62-8-119(d)); the statute does not assign that late-request cost to a named alternative payer.

Refusal and court consequence

Section 62-8-120(b) lists the circumstances in which acceptance is not required: no underlying duty to transact, federal-law conflict, known termination, a refused permitted request, a good-faith validity or authority concern, a report of suspected abuse to the appropriate state agency, or absence of the quoted third-party reliance clause. Refusal in violation can result in an order mandating acceptance and liability for reasonable attorney’s fees and costs incurred in the specified action or proceeding (§ 62-8-120(c)).

What trips people up

The last refusal ground is unusual: § 62-8-120(b)(7) allows nonacceptance if the power lacks the provision, or substantially the provision, saying third parties relying on the agent do not incur liability to the principal or estate merely by permitting the exercise of granted authority and need not ensure how funds or property are applied. Chapter 8 also yields to another law applicable to financial institutions or other entities if inconsistent (§ 62-8-122).

Common questions

Can a recipient demand its own form? No additional or different form may be required for authority already granted by the presented power (§ 62-8-120(a)(3)).

Must a refusal be written? Section 62-8-120 does not require a general written rejection. The distinct writing requirement is the reason given when requesting a counsel opinion (§ 62-8-119(c)(3)).

Statutes and sources

The quoted provisions are from the South Carolina Legislature’s current unannotated Code, accessed October 4, 2026.

S.C. Code Ann. § 62-8-103. “This article applies to all powers of attorney except a: (1) power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) proxy or other delegation to exercise voting rights or management rights with respect to an entity; (3) power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (4) power created on a form provided by a financial institution or brokerage firm that relates to the account at the financial institution or brokerage firm and is intended for use solely by the financial institution or brokerage firm.” Official statute (accessed October 4, 2026).

S.C. Code Ann. § 62-8-119. “(a) For purposes of this section and Section 62-8-120, "acknowledged" means purportedly executed pursuant to Section 62-8-105. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.” Official statute (accessed October 4, 2026).

S.C. Code Ann. § 62-8-119. “(c) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation an: (1) agent's certification under penalty of perjury of a factual matter concerning the principal, agent, or power of attorney; and (2) English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (3) opinion of counsel as to a matter of law concerning the power of attorney if the power of attorney does not appear to be effective pursuant to Section 62-8-109. Such a request must provide a reason and be in writing. (d) An English translation or an opinion of counsel requested pursuant to this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.” Official statute (accessed October 4, 2026).

S.C. Code Ann. § 62-8-120. “(a) Except as otherwise provided in subsection (b): (1) a person shall either accept an acknowledged power of attorney as defined in Section 62-8-119 or request a certification, a translation, or an opinion of counsel as defined in Section 62-8-119(c) no later than seven business days after presentation of the power of attorney for acceptance; (2) if a person requests a certification, a translation, or an opinion of counsel pursuant to Section 62-8-119, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and (3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (b) A person is not required to accept an acknowledged power of attorney if: (1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances; (2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (3) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (4) a request for a certification, a translation, or an opinion of counsel pursuant to Section 62-8-119(d) is refused; (5) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel pursuant to Section 62-8-119 has been requested or provided; (6) the person makes, or has actual knowledge that another person has made, a report to the appropriate state agency stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent; or (7) the power does not contain the following provision or substantially the following provision: "No person who may act in reliance upon the representation of my agent for the scope of authority granted to the agent shall incur any liability to me or to my estate as a result of permitting the agent to exercise this authority, nor is any person who deals with my agent responsible to determine or ensure the proper application of funds or property.". (c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: (1) a court order mandating acceptance of the power of attorney; and (2) liability for reasonable attorney's fees and costs incurred in an action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official statute (accessed October 4, 2026).

S.C. Code Ann. § 62-8-122. “This part does not supersede another law applicable to financial institutions or other entities, and the other law controls if inconsistent with this part.” Official statute (accessed October 4, 2026).