A South Carolina durable power of attorney is a written document that lets you name an agent to manage your finances and property. It stays in effect even if you later become incapacitated, unlike a standard power of attorney, which typically ends at that point.
For example, your agent could keep paying your bills or managing your accounts if you were in a coma, had a stroke, or were diagnosed with dementia.
The document is called durable because it keeps working even after specific life events that would end an ordinary power of attorney. It becomes ineffective when it is revoked or when the principal dies. To create a new one, you must first revoke the previous durable power of attorney.
People sign a durable power of attorney to give someone else the right to manage their finances and property. A separate form covers medical care decisions and is not part of this document.
South Carolina power of attorney forms – learn more about powers of attorney related to other things in South Carolina.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current South Carolina law. If you notice an error or outdated information, please contact us.
A South Carolina durable power of attorney is a power of attorney that stays in effect even if the principal becomes incapacitated, and it lets the person you name, your agent, keep managing your finances and property on your behalf[1.1]. The document can also say that it ends at that point instead, but most durable forms do not. Without that feature, an ordinary power of attorney would end automatically the moment you became incapacitated.
You may choose your agent from among relatives or close friends, without restriction, or hire a professional to serve in that role. Take your time deciding, since your agent will have real authority over your finances and property.
A durable power of attorney is a common estate planning document, often used alongside a will or a trust. Without one, your family may need to ask a court to appoint someone to manage your financial affairs if you become unable to act, and that process is usually:
Yes. South Carolina law requires a durable power of attorney to be acknowledged or proved by a notary public under Section 30-5-30 of the South Carolina Code, which governs powers of attorney[1.2]. The document must also be attested with the same formality and the same witness requirements as a will in South Carolina[1.2]. It must be signed by the principal, or in the principal's presence by another person the principal directs to sign for them[1.2].
Your two witnesses cannot be your agent. Choose people who have no financial interest in the document.
The form itself is brief, only five pages, and lets you delegate a wide range of financial and legal responsibilities to your agent, including:
Plenty of other actions related to money and property can be delegated to your agent as well. Take your time deciding which responsibilities to grant. You are trusting your agent to handle your financial affairs and act fully and properly on your behalf, using the documents you sign today.
You should prepare and sign at least three copies of the form, one for you, one for your agent, and one to keep with your other records. Your agent may need direct access to your bank funds when dealing with your finances on your own behalf.
| Document Name | South Carolina Durable Power of Attorney Form |
| Other Names | South Carolina Financial Durable Power of Attorney, SC DPOA |
| Relevant Laws | S.C. Code Ann. §§ 62-8-104 to 62-8-110 |
| Signing Requirements | Notary Public and Two Witnesses |
| Avg. Time to Fill Out | 10 minutes |
| # of Fillable Fields | 37 |
| Available Formats | Adobe PDF |
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A South Carolina power of attorney does not last forever. State law sets out exactly when it ends and when an agent's authority under it ends, whether or not the document says so itself[1.3].
The power of attorney itself terminates when:
What an agent may do under the power of attorney can also end on its own, separately from the document itself. This happens when:
Termination of an agent's authority or of the power of attorney is not effective against a person who acts in good faith without actual knowledge of it[1.3]. The same rule protects a non-durable power of attorney. The principal's incapacity does not revoke or terminate it as to someone who acts in good faith without knowledge of the incapacity[1.3].
An act performed in good faith under these protections binds the principal and the principal's successors in interest, unless the act is otherwise invalid or unenforceable[1.3].
Signing a new power of attorney does not revoke an earlier one unless the new document says the earlier one, or all other powers of attorney, are revoked[1.3]. How a power of attorney may be revoked is also set by statute[1.3]. The revocation must be executed under Sections 62-8-105 and 62-8-106, and if the power of attorney was recorded, the revocation must also be recorded in the same county[1.3].
Once you have downloaded the South Carolina durable power of attorney template, follow these eight steps in order. They run from naming your agent to signing before a notary, and each one names the page of the five-page form it belongs to.
A few avoidable mistakes cause South Carolina durable powers of attorney to fail, get rejected by a bank, or cause disputes later between family members. Watch out for these common errors when you complete your form, and take a few extra minutes to check your work before you sign.
Ready to create your South Carolina durable power of attorney? Download the free fillable PDF template below, or use the interactive form builder above to build and print your document online in a few minutes.
This page is general information about South Carolina durable power of attorneys, not legal advice. For advice on your situation, talk to a South Carolina attorney.