SC: Power of Attorney

Most people do not die instantly. Usually, they go through some period of incapacity. In South Carolina, a power of attorney is a document by which you designate an agent of your choice to act on your behalf and manage your assets or healthcare matters for you if you become unable to manage them yourself.

Many people are not aware that an ordinary power of attorney is revoked and an agent’s power to act for the principal automatically stops if the principal becomes incapacitated. Therefore, any power of attorney written in South Carolina would typically be written as a durable power of attorney since it endures the incapacity of the principal. If the power of attorney so provides, an agent can use your funds to pail your bills, contract with a nursing home, nursing home services, or can make basic health care decisions for you (See SC Advance Directives).

When you execute a power of attorney, you are not giving up your own authority to act, but generally the power of attorney is effective the moment it’s signed.

It is important to speak to an experienced and compassionate attorney before executing any power of attorney to ensure it takes into account all of your needs an interests. Our attorneys at Touchstone Family Law will customize these important documents as part of a comprehensive estate plan that gives you peace of mind.