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South Carolina Power of Attorney




Are you looking for a South Carolina power of attorney form. Try Legal Zoom , they are open 24/7 ready to provide you with all of your legal documents, including powers of attorney. You could also get assistance from your local South Carolina estate planning attorney, they can be a wealth of information when it comes to these types of documents.


Power of attorney forms are simple enough to fill out on your own. The hard part is knowing exactly what you need. Hopefully we can make some sense of all the different terms for you. In South Carolina, the person you want to grant powers to, is called the attorney-in-fact. Your attorney-in-fact does not have to be an attorney, it can be anyone you trust with the power you are granting. Many times your spouse will be your attorney-in-fact, and when that is the case, and a divorce occurs, remember to void the documents. Many states do this automatically but South Carolina does not. This should be done when the divorce is filed, just to be on the safe side.


The powers of attorney that are usually included in an estate plan are the durable ones. This means the document will remain in effect even if you are declared mentally incompetent. A normal, nondurable power of attorney becomes void at that time. An estate plan should have a durable medical power of attorney and a durable financial power of attorney. These two forms would take care of all your needs if at any time you could not do it yourself. If for any reason you are uncomfortable granting this much power these forms can be designated "springing". This means they would not become effective until a doctor pronounced you mentally incompetent. If this never happened, and hopefully it never will, the powers are never granted.


Nondurable powers of attorney are used for many purposes in everyday life. A South Carolina nondurable general power of attorney can be added to your estate plan as well as being a way of leaving town knowing someone at home has the power to take care of any emergency that might arise. With a general power of attorney you need to trust the person you are granting this power to. There is very little they could not do with one of these.


More common for everyday use are the special powers of attorney. These are sometimes called limited powers of attorney, because the power they grant is very limited. With a motor vehicle power of attorney a friend can sell a car for you, if you are unavailable. A South Carolina power of attorney for children would allow your day care provider to authorize medical attention for your kids if you were unavailable.


Basically, anytime your signature is needed, and you can't be there, a South Carolina power of attorney could be.



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