A few more comments on durable powers of attorney.

Here are a few odds and ends about durable powers of attorney in South Carolina:

  • In order for a power of attorney to be effective after the principal is incapacitated, it needs to be filed with the register of deeds. South Carolina is one of only a couple of states that require filing.
  • A principal can name co agents to serve. However, bear in mind that (1) sometimes it creates confusion for the financial institution as to whether one agent or the other can do things alone, (2) if the co agents don’t get along it might defeat the purpose of the power of attorney, and (3) logistical difficulties can arise if the agents live in different places (two signatures may be required on checks and other legal documents.)
  • A principal can name successor agents-that is, if the first can’t or won’t serve, someone can take their place.

As a reminder, this is not intended to be legal advice, and I am not your attorney just because you are reading it. Contact an attorney if you have any questions.

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