Download South Carolina General Durable Power of Attorney Forms

This is a comprehensive 14 page South Carolina General Power of Attorney Form formatted for recording at a County level.

Power Not Affected by Principal's Incapacity.
This Power of Attorney is durable as provided by S.C. Code Ann. 62-8-104 which means that it is not terminated by the principal's incapacity. "Incapacity" means inability of an individual to manage property or business affairs because the individual: (A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or (B) is: (i) missing; (ii) detained, including incarcerated in a penal system; or (iii) outside the United States and unable to return.

I specifically direct my Agent to defer to and abide by any Health Care Power of Attorney, Durable Power of Attorney for Health Care, "Living Will" or Declaration of a Desire for A Natural Death [hereinafter "Declaration"] executed by me. My Agent shall in no way interfere with, impede, or act contrary to my wishes, intention, and directives in such instrument or instruments. In the event any decisions or matter within the scope of the Agent's authority granted herein should directly conflict with the authority of directives of any of the aforementioned instruments executed by me, then any such instrument or instruments shall control, supersede, and take priority over any such conflicting decisions or matter within the scope of authority granted herein.

Incidentals
Pursuant to S.C. Code Ann 62-8-108, l hereby nominate my Agent as my conservator or guardian for consideration by the court if protective proceedings for the estate or person are begun after the execution of this power of attorney. My Agent shall be eligible to serve in other fiduciary capacities, for me or my benefit, including but not limited to serve as trustee and/or committee. I hereby nominate, constitute and appoint my Agent to act in any or all of the aforementioned capacities and serve without bond. The appointment of a guardian and/or conservator shall not terminate any authority granted or matters within the scope of this Durable Power of Attorney.

(South Carolina GDPOA Package includes form, guidelines, and completed example)