Are POAs filed with the state in SC? What do I need to know?

My father has dementia he currently resides in a nursing home. My mom had a durable POA for him and I their son am the alternate for her. She passed away. I wanted to contact the attorney that drew up the POA to ask if there is anything that I need to be doing the assets are all in my dad’s name. I don’t know the name of the attorney someone in Greenville, SC. I can see the name of the witnesses and notary, but no attorney’s name listed copy not on letterhead. Are POA’s filed with the state in SC? Is there a way that I can find the attorney that drew up the document? The bank BBT already had a copy of the POA though they are giving me problems gaining access to their bank account. Hopefully, that will be straightened out shortly, so that I can

pay the mortgage on their house, etc until it sells. I don’t know if there is anything legally that I should be doing since everything was in my dad’s name. This is unchartered ground for me.

Asked on September 11, 2017 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  I have one clarification question: when you say that you are "alternate for her" you mean - I hope - that the POA states that in the event that she is unable to execute her duties you are appointed?  Is it the Statutory Short Form for a Durable Power of Attorney?  Your name is listed in I believe paragraph 8? So long as Mom ha dpower to act on behalf of Dad in every instance (because the form can limit powers to a Trustee), you should be able to act in her place.  Tell the bank that you wish to speak with their legal department NOW.  And tell them that if they do not honor the POA and recognize you as the Successor Agent and you have to bring an action in court to adjudicate this you will be asking for legal fees.  Good luck.


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