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Home Personal & Family Power of Attorney Durable South Carolina

South Carolina Durable Power of Attorney

Use our South Carolina Durable Power of Attorney form to let someone make legal and financial decisions for you if you become incapacitated.

Updated February 7, 2023

A South Carolina durable power of attorney form is a legal document one can use to appoint someone else to make financial or business decisions on their behalf. The person who grants the power is called “the principal” and the person upon which the power is granted is called “the agent.” Unless revoked, a durable power of attorney is effective until the principal dies.

If you want to grant durable power over medical decisions in South Carolina, you need a medical power of attorney.

Read on to learn how to use a DPOA form in the Palmetto State.

Table of Contents
  • South Carolina Durable Power of Attorney Requirements
  • How to Fill Out a South Carolina DPOA Form
  • Storing and Using Your Form in South Carolina
  • Signing on Behalf of the Principal
  • Revoking a Durable Power of Attorney in South Carolina

South Carolina Durable Power of Attorney Requirements

In South Carolina, power of attorney forms are durable by default.

Relevant Laws: Title 62 Article 8 (South Carolina Uniform Power of Attorney Act)

Presumed Durable: Yes. § 62-8-104

Signing: The signature of the principal and at least two witnesses are required.

Notarization: Signatures must be acknowledged or proved by a notary public or other authorized official. § 62-8-105

Statutory Form: No.

All POAs made in 2017 and later must be recored (filed) in the land records office (register of deeds) of the county of residence. This is unlike other states, where you have to record the POA only if the agent has power to handle real estate matters.

You don’t have to record the POA immediately if you are not incapacitated, but it’s advisable to do it as soon as possible after you sign and notarize your form.

How to Fill Out a South Carolina DPOA Form

Follow these steps to easily complete our blank durable power of attorney form for South Carolina:

Step 1: Designate an Agent

You can appoint any competent and trustworthy adult as your agent, but it’s advisable to consider if they live close to you and understand what a DPOA is.

In South Carolina, you can appoint co-agents to act at the same time. However, this can lead to conflict if the two cannot agree on the same decision. For good measure, you can appoint a successor agent that can take over in case your first choice is not available.

The names and addresses of the agent and the principal should appear at the top of the durable power of attorney form.

Step 2: Grant Authority

At this stage, you need to list the type of powers you want to grant to the agent—be it broad or limited to one or several subject matters. Here are the most common ones:

  • real estate transactions
  • banking and finance
  • retirement plan transactions
  • stocks and bonds
  • business operations
  • government benefits
  • tax matters
  • personal and family maintenance.

You can also add specific information in the “Specific Instructions” section, where you can describe in detail any limitations, instructions, or extensions to the powers selected in this section. If you don’t have anything to add, you can write “None” in the respective section.

Step 3: Ensure Your Form Is Durable

In South Carolina, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form.

Step 4: Sign and Date the Form

For the DPO form to be effective, the agent and the principal must sign and date it as well. In South Carolina, the form also needs to be notarized and signed by at least two witnesses.

Storing and Using Your Form in South Carolina

After completing your durable power of attorney form, you should store it in a safe deposit box or secure place in your home.

To use the durable power of attorney, you need to give your agent a copy of the form. You should also give a copy to family members, a trusted friend, and third parties where it will be used (such as your landlord, bank, or a state agency).

Signing on Behalf of the Principal

To sign as an agent on behalf of the principal, you need to sign the principal’s name, add “by” and sign your name. You can also add POA or power of attorney.

Here is an example:

[Principal’s name]
by [Agent’s name]
Power of attorney

Revoking a Durable Power of Attorney in South Carolina

Revoking a durable power of attorney requires completing and filing a revocation of power of attorney.

If you named your spouse as an agent on your DPOA and you subsequently get divorced, the spouse’s authority to act as your agent ends as well. If you added a successor agent to your form, that person can take over.

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