Bill 1155

                    Current Status

Bill Number:               1155
Ratification Number:       561
Act Number                 499
Introducing Body:          Senate
Subject:                   Safe deposit box, mentally
                           incompetent

(A499, R561, S1155)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-19-120 SO AS TO PROVIDE THAT A BANK MAY OPEN A SAFE DEPOSIT BOX TO OBTAIN THE ORIGINAL COPY OF AN INSTRUMENT EXECUTED BY THE LESSEE GRANTING A PERSON THE POWER OF ATTORNEY IN CASES WHERE THE LESSEE BECOMES MENTALLY INCOMPETENT.

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

Safe deposit box, mentally incompetent; access, obtain power of attorney instrument

SECTION 1. Chapter 19, Title 34 of the 1976 Code is amended by adding:

"Section 34-19-120. In cases where a person has been given a durable power of attorney by a lessee of a safe deposit box who has become mentally incompetent, and the original copy of the power is put in the box, the lessor may permit the person given the power to open the box to obtain the original copy of the power. The lessor may request the person purporting to have been given the durable power of attorney to produce a certified copy of the power or an affidavit declaring that he has been given the power before opening the box. No other contents may be removed from the box pursuant to this section.

The durable power of attorney provided for in this section means a power made durable under the provisions of Section 62-5-501."

Time effective

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