What is a Durable Power of Attorney?

A Durable Power of Attorney (DPOA) is a legal document that allows an individual to designate another person to make decisions for them in case they become incapacitated or otherwise unable to make decisions for themselves. This document is often used in disability planning law in South Carolina and other states. A DPOA essentially is a way to provide representation for someone who can no longer make decisions or take care of themselves. By signing a DPOA, the person (the Principal) is giving another person (the Agent or Attorney-in-Fact) the power to make important decisions on his/her behalf. This document may include decisions regarding medical treatment, financial matters, and legal affairs. In South Carolina, a DPOA is strongly recommended for all individuals 18 and older and allows the Agent to act on the Principal’s behalf once the document is signed by both parties. The document must also be notarized or witnessed by two third parties. It’s important to note that the Agent has the same legal authority as the Principal and must act according to the Principal’s wishes and best interests. A DPOA is a powerful tool for disability planning and can be used by individuals to protect their assets and ensure their general welfare and wellbeing are taken care of if they become unable to make decisions for themselves.

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What is a Durable Power of Attorney?

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