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