Download South Carolina Durable Power of Attorney Form [PDF]

The South Carolina durable power of attorney (durable POA) is a legal document one party, called the principal, uses to authorize another person, called the agent or the attorney-in-fact, to represent them before governmental, medical, financial, or other institutions and third parties.

A durable power of attorney will remain valid and effective even if the principal becomes incapacitated.

You can use the South Carolina durable power of attorney in every situation where you are not able to personally complete a certain activity.

This can happen due to old age, physical or mental disability, dementia, Alzheimer’s disease, or simply because the principal lacks the professional knowledge to complete a certain activity personally.

Durable Power of Attorney Laws & Requirements in South Carolina

How to Fill out a Durable Power of Attorney in South Carolina

#1. Designate an Agent

Firstly, you should determine a person who will act on your behalf and represent your interests. This person should be an adult with the legal capacity to act. Moreover, you should choose someone you trust, especially if they will have the authority to make decisions about your finances and health care.

In case you are dealing with some specific issues, like tax or litigation, you might want to authorize a licensed professional as your agent. Depending on the situation, it can be an accountant, a tax advisor, or a lawyer.

Here, you can also name the successor agent. This is the person who will act in case the primary agent loses legal capacity or is otherwise unable to represent you.

#2. Grant Authority

After you have determined the agent, you should define their scope of authority.

The South Carolina durable power of attorney form provides three ways to determine your agent’s scope of authority:

#3. Ensure the Form is Durable

In South Carolina, the power of attorney is presumed to be durable. That means that if you want your power of attorney to be non-durable, you must explicitly indicate so in the document.

#4. Sign the Form

The principal must sign the South Carolina durable power of attorney before at least two witnesses and a notary public.

#5. Notarize the Form

The South Carolina durable power of attorney must be notarized. By notarizing the document, the notary public will confirm the authenticity of the principal’s signature and the overall authenticity of the document.

#6. Store Your Durable Power of Attorney Form

You should keep the original copy of the durable power of attorney in your possession and keep it in a safe place, like your home or a safe deposit box. 

You can also give one copy to the agent so they can prove their capacity to third parties.

How to Revoke a Durable Power of Attorney in South Carolina

The best way to revoke the South Carolina durable power of attorney is to issue a revocation letter. This letter should include the full name of the agent and the date of the issuance of the power of attorney you wish to revoke.

To make the revocation effective, you should give a copy of the revocation letter to the agent and to all third parties the agent is interacting with on your behalf.