What can a Durable Power of Attorney do?

A Durable Power of Attorney (DPOA) is a legal document that allows a person to appoint someone else to act on their behalf in the event that they become incapacitated due to disability or illness. The person that is appointed is known as an “agent” and they have the authority to make decisions and take actions on behalf of the person granting the DPOA. Through a Durable Power of Attorney, an individual can specify the types of decisions and actions their agent is allowed to make. This could include making decisions regarding finances and property, medical care, estate planning, and more. The DPOA also specifies the timeframe for which the agent is allowed to act on behalf of the individual. In South Carolina, the DPOA lasts for a period of two (2) years, unless specified otherwise. It is important to note that in South Carolina, Durable Powers of Attorney can only be created for adults who are able to make informed decisions. This means that minors or individuals with intellectual disabilities are not eligible to sign a Durable Power of Attorney in the state. Furthermore, Durable Powers of Attorney are only enforced when the individual granting the document becomes incapacitated; it only goes into effect when they are no longer able to make informed decisions on their own. In conclusion, a Durable Power of Attorney in South Carolina is a legal document that allows an adult to appoint someone else to make decisions and take action on their behalf if they become incapacitated. Through this document, an individual can specify the types of decisions and actions their agent is allowed to make, as well as the timeframe for which they are able to act.

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