A South Carolina Durable Power of Attorney Form is designed to continue working even after the Principal has been declared incapacitated. There are many physical or mental conditions that may make a person incapable of making their own decisions, but this declaration must be made by a doctor. Most of these agreements are Springing, as they are typically not needed until the Principal is incapacitated.
Under South Carolina state law, this agreement is not terminated if the Principal and Attorney-in-Fact are spouses and get a divorce. Although in some cases a Court will declare such an agreement invalid, it is much simpler and safer for a Principal to revoke the agreement and, if necessary, draft a new one.