Durable General Power of Attorney

A Power of Attorney is a legal document that grants someone else the authority to make decisions on your behalf, either for financial matters, healthcare decisions, or both, in South Carolina.

Common types include General Power of Attorney, Durable Power of Attorney, Health Care Power of Attorney, and Limited Power of Attorney, each serving different purposes and durations.

A Durable Power of Attorney remains effective even if you become incapacitated, ensuring someone you trust can manage your affairs without the need for court intervention.

Choose someone trustworthy, reliable, and capable of handling responsibilities effectively. Consider their proximity, understanding of your wishes, and ability to make tough decisions.

Yes, as long as you are mentally competent, you can revoke a Power of Attorney at any time. Revocation should be in writing and communicated to your agent and relevant parties

The agent is required to act in your best interests, manage your affairs as specified in the Power of Attorney, and keep accurate records of all transactions and decisions.

A Health Care Power of Attorney appoints someone to make healthcare decisions on your behalf, while a Living Will outlines your wishes for end-of-life care directly.

Without a Power of Attorney, family members may need to petition the court for guardianship or conservatorship to make decisions on behalf of the incapacitated person.

Generally, South Carolina will recognize a Power of Attorney created in another state, but it’s wise to have it reviewed by a South Carolina attorney to ensure compliance with local laws.

Consult with a South Carolina attorney to ensure it meets all legal requirements, including being in writing, properly executed, and witnessed.