What is a power of attorney?

A power of attorney is a legal document that grants authority from one person (called the “principal”) to another person (called the “agent”) to manage the principal’s affairs. In South Carolina, these powers of attorney are governed by the South Carolina Uniform Power of Attorney Act and any other statutes or regulations that apply. A power of attorney can be limited in scope or it can be broad, depending on the wishes of the principal. Generally, the agent is expected to act in the best interests of the principal, to keep the principal’s assets safe, and to manage the assets according to the instructions given by the principal. In probate law, a power of attorney may be used by the principal to appoint an agent to handle matters related to a will, estate, or trust. This includes collecting assets, paying debts, filing tax returns, and more. It can also be used to appoint someone to make healthcare decisions on behalf of the principal if they become incapacitated. In South Carolina, a power of attorney must be in writing and signed by the principal in the presence of two witnesses or a notary public. It is important to understand the powers granted, as well as the responsibilities of the agent, before signing a power of attorney.

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