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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption