reglab/housing_qa huggingface dataset:
SC Code § 62-7-1005B (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1005B. Trust investment advisor.

 (A) If a trust instrument provides that a trustee is to follow the direction of a trust investment advisor, and the trustee acts in accordance with such a direction, then except in cases of wilful misconduct on the part of the trustee so directed, the trustee is not liable directly or indirectly from any such act.  (B) If a trust instrument provides that a trustee is to make decisions with the consent of a trust investment advisor, then except in cases of wilful misconduct or gross negligence on the part of the trustee, the trustee shall not be liable directly or indirectly from any act taken or omitted as a result of such trust investment advisor's failure to provide such consent after having been requested to do so by the trustee.  (C) If a trust instrument provides for a trust investment advisor and the serving trust investment advisor is unwilling or unable to serve or continue to serve and there is no provision for a successor trust investment advisor, the then serving trustee may petition the court having jurisdiction over the trust estate to appoint an individual or a bank or trust company qualified to do business in the state of the settlor's domicile at the time of the settlor's death as successor trust investment advisor.  (D) A trust investment advisor, other than a beneficiary, is a fiduciary with respect to each power granted to such trust investment advisor. In exercising any power or refraining from exercising any power, a trust investment advisor shall act in good faith and in accordance with the terms and purposes of the trust.  (E) A trust investment advisor is an excluded fiduciary with respect to each power granted or reserved exclusively to any one or more other trustees, trust advisors, or trust protectors.  HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1006 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1006. Reliance on trust instrument.

 A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1007 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1007. Event affecting administration or distribution.

 If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1008 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1008. Exculpation of trustee.

 A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:  (a) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or  (b) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1009 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1009. Beneficiary's consent, release, or ratification.

 (a) A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:  (1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or  (2) at the time of the consent, release, or ratification, the beneficiary did not have knowledge of the beneficiary's rights or of the material facts relating to the breach.  (b) No consideration is required for the consent, release or ratification to be valid.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1010 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1010. Limitation on personal liability of trustee.

 (a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.  (b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.  (c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.  (d) The question of liability as between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1011 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1011. Interest as general partner.

 (a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the South Carolina versions of the Uniform Partnership Act or Uniform Limited Partnership Act.  (b) Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.  (c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of any of them.  (d) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1012 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1012. Protection of person dealing with trustee.

 (a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.  (b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.  (c) A person who in good faith delivers assets to a trustee need not ensure their proper application.  (d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.  (e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1101 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1101. Uniformity of application and construction.

 In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact its provisions.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1102 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1102. Electronic records and signatures.

 The provisions of this article governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1103 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1103. Severability clause.

 If any provision of this article or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-7-1106 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 7 - South Carolina Trust Code|Section 62-7-1106. Application to existing relationships.

 (a) Except as otherwise provided in this article, on the effective date of this article:  (1) this article applies to all trusts created before, on, or after its effective date;  (2) this article applies to all judicial proceedings concerning trusts commenced on or after its effective date;  (3) this article applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this article would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this article does not apply and the superseded law applies;  (4) subject to subsections (a)(5) and (b), any rule of construction or presumption provided in this article applies to trust instruments executed before the effective date of the article unless there is a clear indication of a contrary intent in the terms of the trust; and  (5) an act done and any right acquired or accrued before the effective date of the article is not affected by this article. Unless otherwise provided in this article, any right in a trust accrues in accordance with the law in effect on the date of the creation of a trust.  (b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the article, that statute continues to apply to the right even if it has been repealed or superseded.  HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
SC Code § 62-8-101 (2021)
2021 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.

 This article may be cited as the "South Carolina Uniform Power of Attorney Act".  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
SC Code § 62-8-103 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 8 - South Carolina Uniform Power Of Attorney Act|Section 62-8-103. Applicability.

 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.  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
SC Code § 62-8-104 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 8 - South Carolina Uniform Power Of Attorney Act|Section 62-8-104. Power of attorney is durable.

 A power of attorney created pursuant to this part after the effective date is durable unless it expressly provides that it is terminated by the incapacity of the principal.  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
SC Code § 62-8-105 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 8 - South Carolina Uniform Power Of Attorney Act|Section 62-8-105. Execution of power of attorney.

 A power of attorney must be:  (1) signed by the principal or in the principal's presence by another individual directed by the principal to sign the principal's name on the power of attorney;  (2) attested with the same formality and with the same requirements as to witnesses as a will in South Carolina; and  (3) acknowledged or proved pursuant to Section 30-5-30.  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
SC Code § 62-8-106 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 8 - South Carolina Uniform Power Of Attorney Act|Section 62-8-106. Validity of power of attorney.

 (a) A power of attorney executed on or after the effective date of this article is valid if its execution complies with Section 62-8-105.  (b) A power of attorney executed before the effective date of this article is valid if its execution complied with the law of this State as it existed at the time of execution.  (c) A power of attorney executed other than in this State that is not otherwise valid under subsection (a) or (b) is valid in this State if, when the power of attorney was executed, the execution complied with the:  (1) law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 62-8-107; or  (2) requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended.  (d) Except as otherwise provided by statute other than this part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
SC Code § 62-8-107 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 8 - South Carolina Uniform Power Of Attorney Act|Section 62-8-107. Meaning and effect of power of attorney.

 The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
SC Code § 62-8-108 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 8 - South Carolina Uniform Power Of Attorney Act|Section 62-8-108. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.

 (a) In a power of attorney, a principal may nominate a conservator or guardian for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.  (b) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. Unless the power of attorney provides otherwise, appointment of a guardian terminates all or part of the power of attorney that relates to matters within the scope of a guardianship, and appointment of a conservator terminates all or part of the power of attorney that relates to matters within the scope of the conservatorship.  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
SC Code § 62-8-109 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 8 - South Carolina Uniform Power Of Attorney Act|Section 62-8-109. When power of attorney effective.

 (a) Except as provided in subsection (c), a power of attorney is effective when executed pursuant to Sections 62-8-105 and 62-8-106 unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.  (1) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.  (2) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:  (A) a physician or licensed psychologist that the principal is incapacitated within the meaning of Section 62-8-102(5)(A); or  (B) attorney at law, court of competent jurisdiction, or an appropriate governmental official that the principal is incapacitated within the meaning of Section 62-8-102(5)(B).  (b) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.  (c) After the principal's incapacity, an agent may exercise the authority granted unto the agent under the power of attorney only if the power of attorney has been recorded in the same manner as a deed in the county where the principal resides at the time the instrument is recorded. If the principal resides out of State, the power of attorney may be recorded in any county where property of the principal is located at the time the instrument is recorded. The power of attorney may be recorded before or after the principal's incapacity. After the principal's incapacity and before recordation, the agent's authority cannot be exercised.  (d) An agent may exercise a power of attorney executed in another jurisdiction if its execution complies with Section 62-8-106 if, after the principal's incapacity, it is recorded as required in subsection (c). Notwithstanding the provisions of Section 30-5-30, a valid power of attorney as provided for pursuant to this part, which is executed in another jurisdiction, may be recorded as though it complies with the provisions of Section 30-5-30.  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.
SC Code § 62-8-110 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 8 - South Carolina Uniform Power Of Attorney Act|Section 62-8-110. Termination of power of attorney or agent's authority.

 (a) A power of attorney terminates when the:  (1) principal dies;  (2) principal becomes incapacitated, if the power of attorney is not durable;  (3) principal revokes the power of attorney;  (4) power of attorney provides that it terminates;  (5) purpose of the power of attorney is accomplished; or  (6) principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.  (b) An agent's authority terminates when the:  (1) principal revokes the authority;  (2) agent dies, becomes incapacitated, or resigns;  (3) agent's authority is revoked pursuant to Section 62-2-507, unless the power of attorney otherwise provides; or  (4) power of attorney terminates.  (c) Unless the power of attorney otherwise provides and subject to Section 62-8-109, an agent's authority is exercisable until the agent's authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.  (d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.  (e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.  (f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.  (g) Unless otherwise provided in the power of attorney, a revocation of a power of attorney must be executed in accordance with Sections 62-8-105 and 62-8-106 and, if the power of attorney has been recorded, then the revocation also must be recorded in the same county as the recorded power of attorney.  HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.