Legal Question in Wills and Trusts in South Carolina

power of attorney

Does a power of attorney cease at the time of death? What is the South Carolina law code stating so?


Asked on 8/06/03, 10:00 am

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: power of attorney

All powers of attorney confer the right of a third party to act for another. When you are dead no one can act for you and the power of attorney ceases to exist when you cease to exist. I am not sure of any statute which says so, but I am sure case law supports my position.

Once dead only an administrator or personal representative appointed by the court can do anything concerning assets of the estate.

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Answered on 8/06/03, 4:12 pm


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