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What three decisions cannot be made by a legal power of attorney?

When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.

What are the requirements for a durable power of attorney in South Carolina?

For your POA to be valid in South Carolina, it must meet certain requirements. Mental Capacity for Creating a POA. Witnessing Requirement. Notarization Requirement. Recording Requirement. Create the POA Using a Form, Software, or an Attorney. Sign the POA in the Presence of Two Witnesses and Get It Notarized.

What are the disadvantages of a durable power of attorney?

One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.

What is the difference between power of attorney and durable power of?

A general power of attorney gives someone wide legal authority. However, it ends if the person giving it becomes unable to make decisions. In contrast, a durable power of attorney stays in effect even if the person loses mental capacity. Both types are important for different situations.

Does a power of attorney need to be notarized in SC?

You must also have your POA notarized for it to be valid under South Carolina law.

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