South Carolina Durable (Financial) Power of Attorney Form

The choice between creating a Power of Attorney that will continue or end upon the creator’s incapacity is one that falls in the hands of the creator themselves. If they (hereafter referred to as the Principal) wish for it to continue, a South Carolina Durable (Financial) Power of Attorney should be executed. Should the Principal want it to end, it is vital they opt for a General Power of Attorney. The Principal should note that whether they select a durable or general type will subsequently impact the period of time in which the party they have chosen to represent them, their Agent, is authorized to act on their behalf.

State Laws & Signing Requirements

State Laws – South Carolina Uniform Power of Attorney Act

Signing Requirements (§ 62-8-105) – South Carolina state law demands that a Principal signs the Durable Power of Attorney they are party to and that the document is attested “with the same formality and with the same requirements as to witnesses as a will in South Carolina.” These requirements state that the document must also be signed by at least two (2) witnesses.