The South Carolina durable power of attorney form allows a principal to name a person who can make any type of financial decision on their behalf. While seldom an actual attorney, the person that represents the principal needs to be someone they can trust to do everything from paying bills to managing investments. An important factor in the choice of the attorney-in-fact (the representative) is local availability in order to better accomplish monetary tasks best fulfilled on a face-to-face basis.
A spouse is a typical choice for this office, but the principal should be aware that the agreement doesn’t end upon a divorce. However, it does end upon their death or if the attorney-in-fact turns out to be unavailable when needed, so it is wise to name an alternate. The principal can revoke the power of attorney at any point while they are mentally competent, and the court will do so if it determines they weren’t so when the form was signed.
“Durable” Definition – § 62-8-102(2)
Laws – § 62-8-104
Signing Requirements – Notary Public and Two (2) Adult Witnesses (§ 62-8-105)