A South Carolina non-durable (general) power of attorney is a formal document that allows a principal to designate an agent to handle their financial matters. This non-durable arrangement means the agent’s authority ends if the principal becomes mentally incapacitated. The principal specifies the agent’s powers by initialing each authorized action in the document, which becomes effective upon signing or on a specified date.
A power of attorney ceases with the principal’s written revocation, incapacitation, or at a predetermined date. A durable power of attorney is necessary for a power of attorney that remains effective even if the principal is incapacitated.
Laws — Title 62 – Article 8 – South Carolina Uniform Power of Attorney Act.
Durable (§ 62-8-104) – Yes, a power of attorney made under this law becomes permanent unless it specifically says that it will end if the person who made it becomes incapacitated.
Signing Requirements (§ 62-8-105) – For a power of attorney to be legally valid, it must be signed in the presence of two witnesses and a notary public.
