§ 62-5-518 — Validity of a durable power of attorney.

South Carolina § 62-5-518

• Jurisdiction: South Carolina
• Title 62: SOUTH CAROLINA PROBATE CODE
• Ch.: ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

Text

The validity of a durable power of attorney that authorizes an attorney to make health care decisions regarding the principal which is properly executed pursuant to this part before or after the effective date of this act is not affected by the amendments contained in this act.

Legislative History

HISTORY: 1992 Act No. 306, SECTION 1; 2005 Act No. 172, SECTION 1; 2006 Act No. 365, SECTION 1; 2008 Act No. 303, SECTIONS 2, 3, eff June 11, 2008; 2010 Act No. 244, SECTION 41, eff June 7, 2010; formerly 1976 Code SECTION 62-5-504; 2016 Act No. 279, SECTION 2, eff January 1, 2017. Part 6 Uniform Veterans' Guardianship Act [Repealed] Part 7 South Carolina Adult Guardianship and Protective Proceedings Jurisdiction Act Editor's Note 2017 Act No. 87, SECTION 6, provides as follows: "(A) This act takes effect on January 1, 2019. "(B) Except as otherwise provided in this act, on the effective date of this act: "(1) this act applies to any conservatorships, guardianships, or protective orders for minors or persons under a disability created before, on, or after its effective date; "(2) this act applies to all judicial proceedings concerning conservatorships, guardianships, or protective orders for minors or persons under a disability commenced on or after its effective date; "(3) this act applies to judicial proceedings concerning conservatorships, guardianships, and protective orders for minors or persons under a disability commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case that particular provision of this act does not apply and the superseded law applies; "(4) subject to item (B)(5) and subsection (C) of this SECTION, any rule of construction or presumption provided in this act applies to governing instruments executed before the effective date of this act unless there is a clear indication of a contrary intent in the terms of the governing instrument; and "(5) an act done and any right acquired or accrued before the effective date of the act is not affected by this act. "(C) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or suspended."