Free Fillable South Carolina Durable Power of Attorney Form

South Carolina residents can use the South Carolina durable power of attorney form to assign some financial, business, or personal routines to trusted agents. Suppose you are traveling outside the country for long periods or a military officer spending much time overseas. Who will manage your financial issues, pay your bills and taxes, take care of your real estate? That’s the scope of duties you can hardly pause for the time of absence, so assigning a POA form to manage those affairs is a wise decision.

Create This Document Online

Once you complete a durable POA, your agent can assume the following roles:

Your real estate property dealer;
Your tax assistant;
Your trading and financial broker;
The one managing your personal finance and assets.

These and many more functions fall under the scope of a durable POA. Its only difference compared to the general POA is the preservation of validity after the principal’s incapacitation. A general POA becomes void upon the principal’s disability, while a durable POA doesn’t.

South Carolina power of attorney forms – access other power of attorney templates for South Carolina together with directions.

South Carolina Requirements

The legal requirements for POA completion and notarization are laid out in Title 62, Article 5 of the Protection of Persons Under Disability and Their Property statute of South Carolina (specifically § 62-5-424 relating to the durable POA type, regulating the powers of an agent administering a principal’s matters).

The core requirements every citizen considering the completion of POA are as follows:

Minimum 18 years old;
Being of a sound mind;
Having two witnesses present at the POA signing procedure;
Having the POA notarized by the notary public.

In case these requirements are met, the South Carolina durable POA takes legal effect after its signing and sealing.

Filling out the South Carolina Durable POA

Once you have decided to use the South Carolina power of attorney form to assign some personal and financial duties to a designated agent, you can use the template available on our website. It is a state-approved template drafted in compliance with South Carolina legislation. Besides, you can use the online step-by-step form builder to compose your POA and download it.

The steps of South Carolina durable POA writing are as follows:

Stipulate the Parties

The first thing a POA document requires is to name the principal delegating their authority and the agent assuming that authority. Full personal data should be provided for each of the concerned parties, with full name, address, telephone number, and email for correspondence.

Indicate the Timeframe

The next section is titled “Effective Date,” meaning that the principal should provide exact timeframes for the POA’s effect. One option presupposes the POA’s immediate effect after signing, while the other one involves the activation of the agent’s responsibilities only after the principal’s incapacitation. The principal can place their initials for both options, meaning that the durable POA will come into effect after its signing and sealing, lasting after the principal’s incapacitation.

Determine the Agent’s Powers

Next comes the section of the agent’s powers and scope of authority delegated to them by the principal. Here, the principal needs to choose whether they give their agent access to their banking operations, safe deposit box, lending or borrowing operations, management of government benefits, insurance, taxes, and retirement schemes. The scope of duties also involves managing real estate, personal property, and paying for legal advice on the principal’s estate, etc. The principal should put their initials next to each section they confirm, leaving the sections they don’t authorize blank.

Signature and Seal

Once all sections are filled out, the time comes to sign the document. Two witnesses should be present during signing, and the notary public seals the document afterward to give it legal force. In the end, the principal copies the POA and gives the copies to all concerned parties.