A South Carolina general power of attorney (GPOA) 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.
The power of attorney ceases with the principal’s written revocation, their incapacitation, or at a predetermined date. For a power of attorney that remains effective even if the principal is incapacitated, a durable power of attorney is necessary.
Authority (SC Code § 62-8-201) – Under a power of attorney, an agent is empowered to act for the principal, exercising the extensive powers outlined in the agreement.
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.
Presumption of Durability (§ 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.