A South Carolina power of attorney is a document that enables one person, the principal, to authorize another person, the agent, to act on their behalf and take actions within the scope of authority provided in the power of attorney.
The South Carolina power of attorney includes the following details:
Names, addresses, and ID numbers of the principal and agent
Scope of authority granted to the agent
Limitations to the agent’s authority (optional)
The moment the document becomes effective
Details about the successor agent (optional)
Information about the term of the document
Signature of the principal
Witness signatures (optional)
Acknowledgment of the notary public
The type of power of attorney in South Carolina you need depends on when you want it to become effective and the powers you want to give your agent.
Types of Power of Attorney in South Carolina
South Carolina Durable (Statutory) Power of Attorney Requirements
The durable power of attorney doesn’t lose effectiveness even if the principal becomes incapacitated. Considering that the agent will be authorized to make decisions on the principal’s behalf even if they are not able to do so, the principal should choose a trustworthy person as an agent.
South Carolina General (Financial) Power of Attorney Requirements
This type of power of attorney gives the agent the authority to make all the necessary financial decisions on the principal's behalf as long as they are in the principal’s interest. The principal can also set the limitations for the general authority and list them in the document.
South Carolina Limited (Special) Power of Attorney Requirements
To authorize the agent to take only a limited set of actions on their behalf, the principal can use this type of power of attorney in South Carolina. You can also provide that the document automatically terminates after the agent completes the action they are authorized for.
South Carolina Parental (Minors) Power of Attorney Requirements
The parent or guardian uses this power of attorney to authorize another person to make decisions about the child's education, healthcare, and more. This document can be used during the short-term absence of the parent or guardian, for example, during work or military deployment.
South Carolina Medical Power of Attorney Requirements
The principal can use this document to grant another person the authority to make decisions about their health care. This type of document must be acknowledged by 2 witnesses to be valid. One of the witnesses can also be the notary public.
South Carolina Springing Power of Attorney Requirements
This type of power of attorney becomes effective only after a certain date or a certain condition specified in the document. The principal usually provides that the power of attorney “springs” into effect only if they become incapacitated.
South Carolina Vehicle Power of Attorney Requirements
A principal can authorize an agent to buy or sell the vehicle on their behalf using a vehicle power of attorney. Moreover, they can also authorize them to make all the necessary applications for title transfer and vehicle registration before the South Carolina DMV.
South Carolina Revocation Power of Attorney Requirements
To revoke any previously issued South Carolina power of attorney, you should use the revocation power of attorney form. The document should contain information about the power of attorney you wish to revoke. After issuing this document, you should inform the agent and all relevant third parties.
South Carolina Tax Power of Attorney Requirements
The South Carolina tax power of attorney authorizes the agent to represent the principal before the South Carolina tax authorities. You should choose your accountant or another person with the necessary professional knowledge in this matter as your agent.
South Carolina Real Estate Power of Attorney Requirements
With the South Carolina real estate power of attorney, you can authorize your agent to:
Scope of Authorization
Complete real estate transactions on your behalf.
Manage or maintain your real estate property.
Lease the property to third parties.
Sign all the necessary documents related to real estate.
Obtain a mortgage or refinance a property.
Legal Requirements for a Power of Attorney in South Carolina
Every South Carolina power of attorney should be in line with the following requirements:
Signature. A South Carolina power of attorney should be signed by the principal or in their conscious presence. (§ 62-8-105)
Witnesses. The document must also be signed before two 2 adult witnesses.
Notarization. The notary public or other authorized body must acknowledge the authenticity of a South Carolina power of attorney.
Recording. After issuing a power of attorney, you should record it in the land records office of your county.
Mental capacity. When issuing a power of attorney, the principal must be of sound mind and able to understand their actions.
Who Can Be an Agent for a Power of Attorney in South Carolina?
You can name any person over 18 years old with the legal capacity to be the agent.
However, considering the scope of authority you are granting to your agent, you should choose a person who you can trust as your agent. Secondly, the agent must be located near the place where the action needs to be taken and be willing to represent you.
For additional security, you can name two or more people to act as co-agents. They will act jointly unless otherwise provided in the document. Another option is to name the successor agent, who will act only in cases where the primary agent is unable to act.
How to Create a South Carolina Power of Attorney
Power of Attorney in South Carolina
#1. Decide on Which Type of Document to Use
According to the scope of authority you want to grant to your agent and the matter you want them to handle on your behalf, you should choose an appropriate type of South Carolina power of attorney.
#2. Select an Agent
You should choose an adult with legal capacity who is trustworthy and willing to represent you. If you delegate to them the power to represent you in legal or tax matters, make sure they have the necessary professional knowledge in this field.
#3. Define the Agent’s Powers
You can issue a general power of attorney and give the agent broad powers to take any action that is in your interest and to represent you before all third parties. Another option is to issue a limited power of attorney and provide a list of the actions they are allowed to take and third parties they can interact with.
#4. Download & Fill in Our Form
Once you know all the details about your power of attorney, you can simply download one of our South Carolina power of attorney templates, enter the details, and you'll have the document ready to sign.
#5. Get It Signed & Notarized
Every South Carolina power of attorney must be signed by the principal and acknowledged by the notary public or other relevant authority.
#6. Safely Store the Original Copy
The principal should keep the original copy of the South Carolina power of attorney in their possession.
#7. Provide Copies to Relevant Parties
You should provide a copy of the power of attorney to every third party your agent is interacting with on your behalf.
#8. Update the Document as Needed
Every time some of the details in your power of attorney change, you must issue a new document with the updated information and provide each relevant party with it.
How Long Does a Power of Attorney Last in South Carolina?
A South Carolina power of attorney becomes effective after it is signed and notarized or after the date or certain event stipulated as the moment the document becomes effective.
As of the termination of the South Carolina power of attorney, this can happen if:
Reasons for Termination
The principal passes away
The termination date is provided in the document
The principal becomes incapacitated, and the document is non-durable
The purpose for which the document is issued is completed
The agent passes away or becomes incapacitated, and there is no co-agent or successor agent.
South Carolina Power of Attorney FAQ
You should use the power of attorney when you are not able to act on your behalf due to physical or mental illness, moving abroad, or a lack of professional knowledge in a certain field.
It enables another person, called the agent or the attorney-in-fact, to act on behalf of the principal within the scope of authority provided in the power of attorney.
Yes, every South Carolina power of attorney must be notarized by a notary public or other body authorized to acknowledge such documents.
Even if you’ve already issued a will, you should still have a power of attorney. The main reason is that a will allocates your property after you pass away, while a power of attorney serves you during your lifetime.