Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Power of attorney. Sc. My husband has current power of

Power of attorney Lawyer's...

Power of attorney

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Sc

Lawyer's Assistant: What steps have been taken so far?

My husband has current power of attorney for his mother and her finances, my question is - if he were to pass away before her - who takes care of her and her fiances?

Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
3/19/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,569
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Customer reply replied 1 month ago
None - just that question

If an agent (the person granted power of attorney) passes then the POA with regards ***** ***** person terminates automatically.

If the POA provides for a successor agent, then that person would then become the agent; if no successor agent is named then the principal would need to execute a new POA assuming they have sufficient mental capacity.

If the person does not have sufficient mental capacity an interested party may petition the court to be appointed guardian. Here is the statute on death of agent and successor agents:

SECTION 62-8-110. Termination of power of attorney or agent's authority.

(a) A power of attorney terminates when the:

(1) principal dies;

(2) principal becomes incapacitated, if the power of attorney is not durable;

(3) principal revokes the power of attorney;

(4) power of attorney provides that it terminates;

(5) purpose of the power of attorney is accomplished; or

(6) principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

(b) An agent's authority terminates when the:

(1) principal revokes the authority;

(2) agent dies, becomes incapacitated, or resigns;

(3) agent's authority is revoked pursuant to Section 62-2-507, unless the power of attorney otherwise provides; or

(4) power of attorney terminates.

(c) Unless the power of attorney otherwise provides and subject to Section 62-8-109, an agent's authority is exercisable until the agent's authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.

(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.

(g) Unless otherwise provided in the power of attorney, a revocation of a power of attorney must be executed in accordance with Sections 62-8-105 and 62-8-106 and, if the power of attorney has been recorded, then the revocation also must be recorded in the same county as the recorded power of attorney.

HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.

SECTION 62-8-111. Coagents and successor agents.

(a) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.

(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:

(1) has the same authority as that granted to the original agent; and

(2) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.

(c) Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

(d) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.

HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.

SECTION 62-8-112. Reimbursement and compensation of agent.

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.

HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.

SECTION 62-8-113. Agent's acceptance.

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by another assertion or conduct indicating acceptance.

HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.

SECTION 62-8-114. Agent's duties.

(a) An agent that has accepted appointment shall act:

(1) in accordance with the principal's reasonable expectations to the extent actually known by the agent and in the principal's best interest;

(2) in good faith; and

(3) only within the scope of authority granted in the power of attorney.

(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:

(1) act loyally for the principal's benefit;

(2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;

(3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and act in the principal's best interest; and

(6) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:

(A) the value and nature of the principal's property;

(B) the principal's foreseeable obligations and need for maintenance;

(C) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and

(D) eligibility for a benefit, a program, or assistance under a statute or regulation.

(c) Except as provided in Section 62-7-602(A) an agent that acts in good faith is not liable to a beneficiary of the principal's estate plan for failure to preserve the plan.

(d) An agent that complies with subsection (a) is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.

(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.

(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.

(h) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within thirty days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional thirty days unless otherwise specified by the court.

HISTORY: 2016 Act No. 279 (S.778), Section 1, eff January 1, 2017.

https://www.scstatehouse.gov/code/t62c008.php

Here is information on guardianships:

https://www.sccourts.org/selfhelp/FAQsFromACaregiver.pdf

Ask Your Own Family Law Question
Customer reply replied 1 month ago
in English what does that mean ? would it go to me his wife or the grandchildren over 18?

It would go to whomever the POA (the document) names as successor agent.

If no one is named then it simply expires.

A daughter in law or an adult grandchild can petition the court to be appointed guardian.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Can my husbands ex wife also petition the court also?

Yes; the court would determine the person who is best situated if there are multiple petitions. Generally they would want someone who has a current relationship with the principal and who can best care for her needs.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Ok, thank you for the clarification.
Customer reply replied 1 month ago
all this was just 5.00
Customer reply replied 1 month ago
Do not charge my card for the 42.00 - it said only 5.00

You are welcome;

I don't have information on pricing/accounts as I am an individual contributor - please contact ww2.justanswer.com/help and they should be able to assist.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,569
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,569
12,569 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My parents took guardianship over me back when I was 18
My parents took guardianship over me back when I was 18 because I used to run away from home and attempted killing myself the last time I ran away. I am now 23 almost 24 and my parents say they still … read more
Sean K
Sean K
Attorney/Member
JD
407 satisfied customers
In thinking of giving my mother in law legal guardianship
Hello, in thinking of giving my mother in law legal guardianship rights so she can take care of medical and school needs, do I have to worry about my parental rights or could the guardian keep me from… read more
Sue
Sue
Juris Doctorate
383 satisfied customers
A friend filed and took temporary guardianship of my child
A friend filed and took temporary guardianship of my child when my child decided to leave home and now my child wants to come home can I just take her home or how do I terminate temporary guardianship… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My friends Parnets have guardianship of her kids but they
My friends Parnets have guardianship of her kids but they are retiring and are asking me to take guardianship of them. I'm willing but what needs to be done. … read more
Sue
Sue
Juris Doctorate
383 satisfied customers
I need questions to ask a lawyer on guardianship and power
I need questions to ask a lawyer on guardianship and power of attorney. one out of 5 siblings took it abound herself to get power of attorney alone though mother had requested 2 also took the deed to … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter wants to grant temporary custody or guardianship
My daughter wants to grant temporary custody or guardianship of her kids to her mother … read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
I have legal guardianship permanent guardianship over my two
I have legal guardianship permanent guardianship over my two granddaughters their dad has not paid any support neither has their mother and now my son is asking me to forgive the debt is that possible… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
173 satisfied customers
Can a person under guardianship sign contracts or get
Can a person under guardianship sign contracts or get married?? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
My friend is pending trial for a guardianship hearing where
Hi there, So my friend is pending trial for a guardianship hearing where the paternal and maternal grandparents are fighting for custody. At the moment, the maternal grandmother has temporary custody.… read more
lawyerJ
lawyerJ
Juris Doctorate
163 satisfied customers
My Daughter and I had a temporary guardianship paper drawn
My Daughter and I had a temporary guardianship paper drawn up for her children, With the fathers' consent and DSS says it is not legal and called the dad to remove them from my care....we are all upst… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,207 satisfied customers
I gave temporary guardianship to a friend and i been to
I gave temporary guardianship to a friend and i been to court before trying to terminate but the judgw denied it because the other party took a pic of my brother in a playground area who is a sex offe… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,207 satisfied customers
If a guardianship petition has been filed but a hearing has
if a guardianship petition has been filed but a hearing has not yet occurred does a parent need to file anything to withdraw his or her signature … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,207 satisfied customers
I need to establish a legal guardianship for my mentally
I need to establish a legal guardianship for my mentally affected adult daughter. … read more
Damien Bosco
Damien Bosco
4,124 satisfied customers
We are Paternal grandparents with Guardianship of 3 minor
We are Paternal grandparents with Guardianship of 3 minor children due to drug use of both parents. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need to get durable power of attorney or guardianship of
I need to get durable power of attorney or guardianship of my dad he is 59 yes of age band unable to make his own decisions due to having several strokes he is a retired vet branch army also a medal o… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
784 satisfied customers
My mother and older niece have legal guardianship of my two
My mother and older niece have legal guardianship of my two underage nieces in California. My mother tried to move to Washington State with the girls but had to return to California because of my fath… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
In the State of SD if the grandmother has guardianship of a
in the State of SD if the grandmother has guardianship of a child and the parent has visitation, does the stepparent continue her visitation or does the parent visitation supersede the step parent? … read more
LegalGems
LegalGems
Lawyer
12,569 satisfied customers
I need to establish guardianship of my mother who has
I need to establish guardianship of my mother who has Alzheimer's … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,020 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x