South Carolina General Durable Power of Attorney Appointing Agent to Act For Principal Regarding All Property Matters
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How to fill out General Durable Power Of Attorney Appointing Agent To Act For Principal Regarding All Property Matters?
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FAQ
The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document.
A general power of attorney grants broad powers to an agent. Essentially, the agent has the same authority as you have to make decisions, handle your financial affairs and manage your assets. One notable exception to this is that agents cannot gift money or property belonging to the principal to themselves.
A Power of attorney is a written instrument whereby one person, as the principal, appoints another to act as his or her agent , giving them the authority to perform certain acts on their behalf.
Steps for Making a Financial Power of Attorney in South Carolina Create the POA Using Software or an Attorney. ... Sign the POA in the Presence of Two Witnesses and Get It Notarized. ... File a Copy With the Land Records Office. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact.
The specific requirements and restrictions for PoA forms will vary in each state; however, in South Carolina, your Power of Attorney will require notarization and the signatures of two witnesses. If your agent will manage real estate transactions, the Power of Attorney must be notarized and recorded with your county.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
It is often convenient - or even necessary - to have someone else act for you. You can give someone the legal authority to act for you with a document called a Power of Attorney. If you give a Power of Attorney, you are called the principal and the person you give it to is called the agent or the attorney-in-fact.
The primary difference is that a power of attorney attends to a person's financial needs while they are incapacitated or unable to take care of their responsibilities ? but they are still alive. In contrast, the personal representative administers someone's estate after the person has passed away.