A South Carolina durable power of attorney is a legal document used to grant an agent the power to act on behalf of a principal in managing their finances. The “durable” nature of the document enables the agent to continue to operate as per the document’s instructions past the point of the principal’s incapacitation. “Incapacity” can be described as being detained or imprisoned, missing, being outside the U.S. and unable to return, or, most commonly, an inability to make decisions and communicate due to an impairment. It is essential that the durable power of attorney be executed prior to incapacitation for it to be considered legal and valid.
Agent’s Duties – § 62-8-114
Signing Requirements (§ 62-8-105) – Two (2) Witnesses and Notary Public
Statutory Form – Not mentioned in state statutes.
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.