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Poa Help

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Dolphindan1

Guest
What is the name of your state? SOUTH CAROLINA

What are the laws for POA in my state. I see several types of POA but not sure what to do. My wife has been taking care of all day to day duties for her Father the past 4 years. He is illiterate and cant pay his own bills or read his mail or anything else. We thought she was the POA because of form she filled out last year to fix his taxes but not so. She is trying to refinance his house and get him off the 11% interest her mother stuck him with before she left. What POA do we need? Does it need to be notarized? and filed with the county court house? Confused and need help. Jetx if you are out there I could use your help again.....:D
 


Dandy Don

Senior Member
You need to be talking to a business law attorney to get the correct POA form or to see if there is anything wrong with the POA you already have. And you may need to have your wife ask for guardianship to give her legal authority to handle her father's affairs and would give her stronger powers than a POA would.
 

I AM ALWAYS LIABLE

Senior Member
Dandy Don said:
You need to be talking to a business law attorney to get the correct POA form or to see if there is anything wrong with the POA you already have. And you may need to have your wife ask for guardianship to give her legal authority to handle her father's affairs and would give her stronger powers than a POA would.

My response:

This is true.

However, the term "guardianship" is a term used for "minors", not adults.

The correct term for an adult is "Conservator" or "Conservatorship"; i.e., ". . . her legal authority to handle her father's affairs 'would be a conservatorship through the Probate Court', and would give her stronger powers than a POA would."

IAAL
 

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