South Carolina power of attorney requirements
Must be attested with the same formalities as a will and acknowledged; no statutory form adopted.
Governing statute
S.C. Code Ann. sec. 62-8-101 et seq.
Uniform Power of Attorney Act
This jurisdiction has enacted a version of the Uniform Power of Attorney Act, so durability is presumed unless the document says otherwise, and an agent generally may rely on the instrument until actual notice of termination.
How it has to be signed
In South Carolina, notarisation is required, and 2 witnesses must sign. There is no legislative short form, so the document is usually drafted from scratch or adapted from a bank or brokerage template.
Practical checks
- Name a successor agent. A single named agent who cannot serve makes the whole instrument useless.
- Decide whether the powers start immediately or only on incapacity, and say which in the document.
- Hot powers such as making gifts, changing beneficiaries or creating trusts normally have to be granted expressly.
- If real property is involved, the recorder of deeds in the county will have its own recording and acknowledgment rules.
- Give the agent an original or certified copy. Many institutions will not act on a scan.
Legal Desire publishes this directory as general legal information, not legal advice. Power of attorney statutes change, and execution requirements can differ for health care, real estate and financial powers within the same state. Confirm the current text of the statute and speak with a licensed attorney in the relevant jurisdiction before signing or relying on any power of attorney.