A durable power of attorney is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the grantor’s agent or attorney-in-fact—with authority to make financial and property-related decisions on behalf of the principal—including transactions involving business interests, investments, insurance, taxes, bills, real estate, stocks, bonds, commodities, personal property, Social Security, Medicare, Medicaid, and other financial matters.

A traditional power of attorney is effective only while the principal has full mental capacity, but a durable power of attorney remains effective if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, an automobile accident, or other cause. In some states the legislature has provided a form durable power of attorney in a statute (law) and the document may be referred to as a statutory durable power of attorney.

In South Carolina, a durable power of attorney (POA) is a legal instrument that allows a person (the principal) to designate another individual (the agent or attorney-in-fact) to manage their financial affairs, even if the principal becomes incapacitated. The South Carolina Uniform Power of Attorney Act, which can be found in the South Carolina Code of Laws (Title 62, Article 8, Part 5), governs the creation and use of durable powers of attorney in the state. This act provides a statutory form that can be used to create a durable POA, ensuring that the document meets all legal requirements if properly executed. The durable POA remains effective regardless of the principal's mental capacity and can include a wide range of powers, such as handling business transactions, managing real estate, dealing with government benefits, and conducting other financial matters. It is important for the document to be clearly drafted, specifying that the power of attorney is intended to be durable, and it must be signed by the principal in the presence of two witnesses and notarized to be valid.