Except as otherwise provided in this article on the effective date of this act:

(a) this article applies to a power of attorney created on or after the effective date of this act;

power of attorney

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Terms Used In South Carolina Code 62-8-403

  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC

(b) the procedural provisions of this article apply to a judicial proceeding concerning a power of attorney commenced on or after the effective date of this act;

(c) the applicable law in effect before the effective date of this act applies to a power of attorney created or restated before the effective date of this act;

(d) the procedural provisions of this article apply to a judicial proceeding concerning a power of attorney commenced before the effective date of this act unless the court finds that application of a procedural provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that procedural provision does not apply and the applicable procedural provision in effect at the commencement of the judicial proceeding applies; and

(e) an act done before the effective date of this act is not affected by this act.

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