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In South Carolina, as in many states, the duration of a POA is typically determined by the terms outlined in the POA document itself. This means that the POA could be designated to expire on a specific date, when a certain event takes place, or when the principal becomes incapacitated or passes away.

Power of attorney authorizes a person to carry out transactions or act legally on behalf of another. By law, Power of Attorney is not valid once the principal dies. Generally power of attorney is given for performing some activities i.e. selling or purchasing property.

There are three requirements for a valid will in South Carolina: It is signed by the will-maker. It must have two witness signatures. It must be notarized by a notary public.

When a power of attorney is used to transfer land or to do business on behalf of a person who has become incapacitated, it must be recorded. As a general rule, however, a power of attorney does not need to be recorded in North Carolina in order to be effective.

(a) Except as provided in subsection (c), a power of attorney is effective when executed pursuant to Sections 62-8-105 and 62-8-106 unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

South Carolina is a little stricter than other states in this respect, as most other states require you to record the POA only if you are granting your agent the power to handle real estate. In South Carolina, all POAs made in 2017 and later must be recorded in order to be effective upon your incapacitation.