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Section 62-8-403. Effect on existing powers of attorney.

SC Code § 62-8-403 (2019) (N/A)
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Except as otherwise provided in this article on the effective date of this act:

(a) this article applies to a power of attorney created on or after the effective date of this act;

(b) the procedural provisions of this article apply to a judicial proceeding concerning a power of attorney commenced on or after the effective date of this act;

(c) the applicable law in effect before the effective date of this act applies to a power of attorney created or restated before the effective date of this act;

(d) the procedural provisions of this article apply to a judicial proceeding concerning a power of attorney commenced before the effective date of this act unless the court finds that application of a procedural provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that procedural provision does not apply and the applicable procedural provision in effect at the commencement of the judicial proceeding applies; and

(e) an act done before the effective date of this act is not affected by this act.

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

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