S*510 Session 109 (1991-1992)
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
(A256, R263, S510)
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. |