What is a durable power of attorney?

A durable power of attorney is a legal document that allows someone to appoint another person to manage their affairs if they become incapacitated. The “durable” part of the document means that it remains in effect even if the person who signs it (the “principal”) loses the capacity to make decisions for themselves. In South Carolina, durable powers of attorney are governed by the South Carolina Durable Power of Attorney Act of 1986. The principal must be at least 18 years old, of sound mind, and must sign the document while they are of sound mind. It also must be signed in the presence of at least two witnesses over the age of 18. The document must be witnessed and notarized in order to be valid in South Carolina. A durable power of attorney allows the principal to appoint someone (the “agent”) to make decisions on their behalf in the event that they become incapacitated. This could include making decisions about their healthcare, finances, and other legal matters. The principal is able to limit the scope of the agent’s authority by including specific instructions in the document. For example, the principal may indicate that the agent is only authorized to make decisions about their healthcare or finances, but not both. The principal can also terminate a durable power of attorney at any time, as long as they are of sound mind. They must be sure to revoke the document and inform the agent and all relevant financial institutions that the document is no longer in effect.

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What is a durable power of attorney?

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