General Durable Power of Attorney for Property and Finances or Financial Effective Immediately - South Carolina 2025

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Types of POAs in South Carolina General power of attorney: This POA grants broad authority to the agent, allowing them to manage most aspects of the principals financial and personal affairs. It is useful for comprehensive management but ends if the principal becomes incapacitated.
Durability Clause: Must explicitly state the intent for the power to remain effective during incapacity. Without this clause, the document is considered non-durable. Proper Execution: Requires the principals signature, notarization, and two witness signatures compliant with South Carolina Code 62-8-105.
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.
Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.
A court-appointed conservator: If the principal is mentally unable to make their own decisions, a court may appoint a conservator to oversee the principals medical and financial affairs, including revoking a power of attorney.
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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.
General Power of Attorney: Provides broad authority over financial and legal decisions. An agent may handle banking transactions, sell property, and manage investments. This type ends if the principal becomes incapacitated. Durable Power of Attorney: Remains effective even if the principal is incapacitated.

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