A South Carolina durable power of attorney allows you to grant an agent the authority over finances, effective even if you later face mental challenges.
The person granting this authority, known as the “principal,” should entrust power solely to a reliable individual, or “agent,” since this version remains effective throughout the principal’s lifetime unless explicitly revoked.
In South Carolina, power of attorney forms are durable by default.
Laws
Relevant Laws: Title 62 Article 8 (South Carolina Uniform Power of Attorney Act).
“Durable” Definition
“Durable”, with respect to a power of attorney, means not terminated by the principal’s incapacity
Power of Attorney Definition
“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used
- Presumed Durable: Yes. § 62-8-104.
- Signing Requirements: The signature of the principal and at least two witnesses are required. § 62-8-105
- Notarization Requirements: A notary public or other authorized official must acknowledge or prove signatures.
- Statutory Form: No.
All power of attorneys made in 2017 and later must be recorded (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 power of attorney only if the agent has the 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.
