South Carolina Durable Power of Attorney

South Carolina durable power of attorney law is stated in South Carolina Code of Laws, Title 62, Article 5, Part 5.  A durable power of attorney is a type of power of attorney that will not be revoked if a principal is subsequently disabled or incapacitated.  According to South Carolina laws a power of attorney is considered durable when it clearly shows in writing that it will not be revoked on a subsequent incompetence or disability of the principal.  The agent’s acts on behalf of the principal when the principal is incapacitated will have the same effect as if the principal was not incapacitated and will bind the principal and the successors as if not disabled.

Generally, a durable power of attorney is revoked on express terms of termination or by knowledge of principal’s death.  However, the principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the successors in interest.  Likewise, in case of a non durable power of attorney the principal’s incapacity will not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s incapacity and the agent’s actions will bind the successors in interest.  In such situations, the agent is required to produce an affidavit stating that the agent did not have actual knowledge of the principal’s death or revocation of the power of attorney.  If a court appoints a conservator or guardian (jointly “guardian”) to the principal’s person and/or property, the power of attorney will be partially revoked to that extend the powers held by the agent and the guardian are overlapping.


Inside South Carolina Durable Power of Attorney