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A Power of Attorney (POA) is a powerful legal tool that allows you to appoint someone you trust to handle important matters on your behalf—whether you’re managing your affairs from afar or preparing for the unexpected. At the Law Office of Dundee W. Carter, LLC, we help individuals and families across South Carolina draft and execute POAs that reflect their unique needs and circumstances.
In South Carolina, a Power of Attorney is a written document that authorizes one person (the “agent” or “attorney-in-fact”) to act on behalf of another (the “principal”). This can include making financial decisions, managing property, or carrying out specific transactions. POAs are especially valuable if you become incapacitated or simply need someone to act in your absence.
There are several types of powers of attorney, each designed to meet different needs depending on the level of control and the circumstances involved. Whether you’re planning for routine financial management, temporary delegation of authority, or future incapacity, choosing the right type of power of attorney is crucial for ensuring your affairs are handled according to your wishes. Below, we outline the most common forms and how they are used in various planning scenarios.
Grants broad authority to manage a wide range of financial and legal matters.
Restricts the agent’s authority to specific actions or time periods.
Remains valid even if the principal becomes incapacitated—essential for long-term planning.
Becomes effective only under certain conditions, typically a medical declaration of incapacity.
Creating a Power of Attorney is a vital step in planning for the unexpected, but to be legally effective in South Carolina, it must meet specific statutory requirements. Governed by the South Carolina Uniform Power of Attorney Act, these rules ensure that your POA is properly executed, recognized by institutions, and enforceable when needed. Whether you’re planning for short-term needs or long-term incapacity, a valid POA gives you control over who will manage your affairs—and under what conditions—while potentially avoiding the need for court-appointed guardianship.
A Power of Attorney can help to promote peace of mind in the knowledge that someone you trust can manage your affairs if you are unable to.
Properly documented, a POA can eliminate the need for court intervention or guardianship proceedings if you become incapacitated. Allowing for flexibility and control, you choose what powers to give, when they take effect, and who will act on your behalf. You may revoke or update your POA at any time, as long as you are of sound mind. It’s a good idea to review your documents periodically—especially after major life changes—to ensure that they still reflect your wishes.
At the Law Office of Dundee W. Carter, LLC, we take a personalized approach to every POA we draft. We ensure your documents are tailored to your goals, compliant with South Carolina law, and ready to protect you and your loved ones when it matters most.