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Homepage ➙ Attorney-Approved South Carolina Durable Power of Attorney Form
Outline

In South Carolina, the Durable Power of Attorney (DPOA) form is a crucial legal document that empowers individuals to designate a trusted person, known as an agent, to make decisions on their behalf when they are unable to do so. This form is particularly important for managing financial matters, healthcare decisions, and other personal affairs, ensuring that your wishes are honored even if you become incapacitated. One of the key features of the DPOA is its durability; unlike a regular power of attorney, which becomes void if the principal loses mental capacity, the durable version remains effective. Additionally, the form allows for specific limitations or broad powers, depending on the principal’s preferences. It is essential to understand the responsibilities of the agent and the rights of the principal, as well as the legal requirements for executing the document, which include signing in the presence of a notary. With the right knowledge and preparation, the Durable Power of Attorney can provide peace of mind and security for you and your loved ones.

Form Sample

South Carolina Durable Power of Attorney Template

This Durable Power of Attorney ("Agreement") is created and made effective as of [__________] (the "Effective Date"), by and between [Primary Person's Full Name], residing at [Primary Person's Address], South Carolina (hereinafter referred to as the "Principal"), and [Agent's Full Name], residing at [Agent's Address], South Carolina (hereinafter referred to as the "Agent").

In accordance with the South Carolina Uniform Power of Attorney Act, Principal hereby appoints Agent as their attorney-in-fact to act on the Principal's behalf in any lawful way with respect to the following initialled powers, subject to any limitations herein:

  • Real property transactions
  • Tangible personal property transactions
  • Stock and bond transactions
  • Commodity and option transactions
  • Banking and other financial institution transactions
  • Business operating transactions
  • Insurance and annuity transactions
  • Estate, trust, and other beneficiary transactions
  • Claims and litigation
  • Personal and family maintenance
  • Benefits from social security, Medicare, Medicaid, or other governmental programs, or military service
  • Retirement plan transactions
  • Tax matters

This power of attorney shall become effective immediately upon the execution of this document and shall remain effective until it is revoked by the Principal or until the Principal's death.

The Agent agrees to act in the Principal's best interest in accordance with the South Carolina Code of Laws and to perform their duties under this Agreement. This Durable Power of Attorney is subject to any limitations set forth herein and any conditions or restrictions imposed by law.

The Principal may revoke this Durable Power of Attorney at any time provided that the revocation is in writing and signed by the Principal. The revocation shall be effective upon delivery to the Agent.

In witness whereof, the Principal has executed this Durable Power of Attorney on the date first above written.

_______________________________________
[Printed Name of Principal]

_______________________________________
[Principal's Signature]

Date: ____________________

State of South Carolina
County of [_____________]

On this day, _______________________, before me, [Notary's Name], a Notary Public in and for said state, personally appeared [Principal's Full Name], known to me to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

In witness whereof, I have hereunto set my hand and official seal.

_______________________________________
Notary Public

My Commission Expires: __________________

↓ Durable Power of Attorney

Form Attributes

Fact Name Description
Definition A Durable Power of Attorney allows an individual to designate another person to make decisions on their behalf, even if they become incapacitated.
Governing Law The South Carolina Durable Power of Attorney is governed by South Carolina Code of Laws, Title 62, Article 5.
Durability This form remains effective even if the principal becomes incapacitated, unlike a regular power of attorney.
Principal The individual who creates the Durable Power of Attorney is referred to as the principal.
Agent The person designated to act on behalf of the principal is known as the agent or attorney-in-fact.
Scope of Authority The form can grant broad or limited powers, depending on the principal's preferences.
Signing Requirements The principal must sign the document in the presence of a notary public and two witnesses.
Revocation The principal can revoke the Durable Power of Attorney at any time, provided they are competent to do so.
Uses This document is often used for financial decisions, healthcare decisions, or both, depending on the principal's needs.
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