What is a power of attorney?

A power of attorney is a legal document in which one person (called the “principal”) gives another person (called the “agent”) the authority to act on the principal’s behalf in certain matters. Powers of attorney are used in guardianship law when a person (or parents of a minor) become unable to make decisions for themselves because of illness, incapacity, or other reasons. In South Carolina, a power of attorney allows the agent to make decisions in areas such as medical care, financial management, and legal matters. A power of attorney may be “durable,” meaning that the agent’s authority remains in effect even if the principal becomes incapacitated or unable to make decisions. This power of attorney is also known as a “durable power of attorney for health care” and allows the agent to make medical decisions for the principal. Durable powers of attorney for finances allow the agent to manage the principal’s financial affairs even if the principal becomes incapacitated. In South Carolina, a power of attorney must be in writing and signed by the principal, and it must be witnessed and notarized. The principal should choose an agent very carefully; it is important to select someone who can be trusted to make decisions in the principal’s best interest. A power of attorney ends when the principal dies, becomes incapacitated, or revokes it.

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What is a power of attorney?

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