Permitted in South Carolina?
Yes, a power of attorney may be written so that it does not become effective until a later date or on the occurrence of a specified future event, like the principal’s incapacity.[1]
Signing Requirements
Must be signed by the principal (or by another individual on behalf of the principal at their direction) before a notary public and two witnesses.[2]
“Incapacity” Definition
“Incapacity” means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]