S*0510(Rat #0263, Act #0256 of 1992)  General Bill, By Bryan
 A Bill to amend Section 62-5-501, as amended, Code of Laws of South Carolina,
 1976, relating to the durable power of attorney, so as to make valid in this
 state a durable power of attorney executed in another jurisdiction if the
 durable power of attorney, when executed, complied with the law applying to
 such instruments in the jurisdiction where it was executed, and to provide for
 the recording of such instruments.

   01/17/91  Senate Introduced and read first time SJ-13
   01/17/91  Senate Referred to Committee on Judiciary SJ-13
   04/10/91  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   04/16/91  Senate Amended SJ-28
   04/16/91  Senate Read second time SJ-28
   04/17/91  Senate Read third time and sent to House SJ-16
   04/18/91  House  Introduced and read first time HJ-6
   04/18/91  House  Referred to Committee on Judiciary HJ-6
   01/15/92  House  Committee report: Favorable Judiciary HJ-24
   01/16/92  House  Read second time HJ-19
   01/21/92  House  Read third time and enrolled HJ-13
   02/13/92         Ratified R 263
   02/18/92         Signed By Governor
   02/18/92         Effective date 02/18/92
   02/18/92         Act No. 256
   02/25/92         Copies available

AN ACT TO AMEND SECTION 62-5-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO MAKE VALID IN THIS STATE A DURABLE POWER OF ATTORNEY EXECUTED IN ANOTHER JURISDICTION IF THE DURABLE POWER OF ATTORNEY, WHEN EXECUTED, COMPLIED WITH THE LAW APPLYING TO SUCH INSTRUMENTS IN THE JURISDICTION WHERE IT WAS EXECUTED, AND TO PROVIDE FOR THE RECORDING OF SUCH INSTRUMENTS.

Be it enacted by the General Assembly of the State of South Carolina:

Power of attorney

SECTION 1. Section 62-5-501 of the 1976 Code, as last amended by Act 521 of 1990, is further amended by adding:

"(E) A power of attorney as provided for under this section is valid if:

(1) executed in compliance with this section; or

(2) its execution complies with the law at the time of execution of the jurisdiction where the instrument was executed and it is recorded as required by subsection (C). Notwithstanding the provisions of Section 30-5-30, a valid power of attorney as provided for under this section which is executed in another jurisdiction may be recorded as though it complies with the provisions of subsection (C) of this section."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 18th day of February, 1992.