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South Carolina Durable Power of Attorney Form

A South Carolina durable power of attorney is a statutory form that lets a person choose someone else to handle financial decisions on their behalf. A power of attorney is "durable" when it does not terminate if the principal becomes incapacitated. It only terminates on the principal's death.
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Signing Requirements

The principal must sign in the presence of two witnesses and acknowledge before a notary public.[1]

Powers Granted

A principal may grant an agent the power to make decisions about anything the principal may legally do through an agent. This includes things like:[2]

  • Real property;
  • Tangible personal property;
  • Stocks and bonds;
  • Commodities and options;
  • Banks and other financial institutions;
  • Operation of entity or business;
  • Insurance and annuities;
  • Estates, trusts, and other beneficial interests;
  • Claims and litigation;
  • Personal and family maintenance;
  • Benefits from governmental programs or civil or military service;
  • Retirement plans;
  • Taxes; and
  • Gifts.

Certain authorities, like the power to amend trusts and make gifts, are only valid if the principal expressly mentions them in the power of attorney.[3]

“Durable” Definition

“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.[4]

“Power of Attorney” Definition

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.[5]

Revocation

A power of attorney terminates when:[6]

  • The principal dies;
  • The principal becomes incapacitated, if the power of attorney is not durable;
  • The principal revokes the power of attorney;
  • The principal revokes the agent’s authority or the agent resigns, becomes incapacitated, or dies;
  • The power of attorney provides that it terminates; or
  • The purpose of the power of attorney is accomplished.

An agent’s authority terminates when the:

  • principal revokes the authority;
  • agent dies, becomes incapacitated, or resigns;
  • agent’s authority is revoked;
  • power of attorney terminates.

Statutory Form

The South Carolina legislature has not made available a statutory power of attorney form.

Sample

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