Free South Carolina Durable Power of Attorney Forms

South Carolina Durable Power of Attorney Laws

A durable POA means that the power of attorney will not be terminated due to a person’s incapacity. The statute that governs durable POAs in South Carolina states that a durable POA can only be terminated once the principal has passed away or if the principal chooses to revoke it and is deemed of sound mind enough to do so (SC Code § 62-8-102(2)).

The agent must act faithfully to the principal’s wishes and in their best interests. They take over control of various financial aspects of a principal’s life and must liaise with an agent who has healthcare authority over the principal if such an individual exists (SC Code § 62-8-104).

Signing Requirements in South Carolina

In South Carolina, a durable power of attorney must be witnessed by two qualified adults and a notary public (SC Code § 62-8-105).

How To Write a Durable POA in South Carolina

Writing a durable POA in South Carolina can be done in one of two ways. You could seek out the services of a lawyer and have them draft it, or you could download a printable template and create your own.

Follow the below steps to write your own durable POA.

1. Choose an agent

Choosing an agent for a durable POA means choosing someone who will act in the best interests of the principal and in accordance with the principal’s preferences and wishes. This means that the principal should be able to trust the agent to do so.

2. Add personal information

Once an agent has been chosen, the full legal name and addresses of both the principal and the agent must be listed at the top of the POA. Additionally, the contact information for the agent must also be listed.

3. Make the declaration

Next, the principal must sign a declaration stating that they are of legal age and voluntarily entering into the agreement. If the principal is deemed mentally incompetent, incapacitated or otherwise unable to be declared of sound mind, they cannot appoint an agent for a durable POA.

This declaration serves to let the court know that the POA was entered into voluntarily and that the principal is not under duress or being forced to sign.

4. Define preferences, limitations, and wishes

Due to the financial nature of a durable POA, the principal will need to state the limitations within which the agent must operate. For example, they may not want to grant the agent authority over some aspects of their estate.

This section should also make clear wishes for the future, in terms of the estate, so that the agent has a picture of how to proceed when the principal cannot direct them.

5. Set duration and revocation terms

As a durable POA, this kind of agreement tends to last a long while or until the death of the principal. However, a durable POA can still be revoked by the principal if they have the mental capacity to do so.

This means you need to include revocation conditions and a process to follow should the POA be revoked.

6. Choose alternate agents

In some cases, an agent may become incapacitated or unable to carry out their role as an agent, so declaring alternate agents in the POA can cover you. Included legal names, addresses, and contact information of two alternate agents.

7. Add the principal’s signature

A durable POA is not valid unless the principal has signed it.

8. Choose witnesses and a notary

In South Carolina, a legally valid POA must be witnessed by two adults and a notary public.

9. Set an effective date

A durable POA must also include a date on which the agreement comes into effect.