What Is a South Carolina Minor (Child) Power of Attorney?
A South Carolina minor (child) power of attorney allows parents to delegate temporary decision-making powers over their child to a trusted individual (the “agent”). Once the document is completed in accordance with state law, the parent can rest assured that the agent can exercise only the authority the parent has granted.
For example, the agent may have broad or restricted powers when deciding on matters relating to a child’s education and medical care. A SC minor POA allows a parent to grant temporary caretaking power when they’re unavailable due to military service or an illness. Even with this document in effect, the parent retains their parental rights.
Obtaining Guardianship in South Carolina
If you don’t need a minor POA and want to obtain guardianship of a minor, you must go through the SC Family Court for an appointment of guardianship.
Requirements for a Minor (Child) Power of Attorney in South Carolina
South Carolina law doesn’t provide a statutory form for minor-specific POAs. The only state requirement is that it must be notarized and signed by two witnesses (SC Code § 62-8-105).
There’s no official maximum limit for the duration of a South Carolina minor POA, but it typically lasts between six and 12 months. When you create your POA, you can set a clear start and end date to restrict the agent’s authority.
A South Carolina power of attorney for a child does not require recording with a county office. If you ever want to revoke it, you can complete a South Carolina power of attorney revocation form to terminate the agent’s powers.
Sample South Carolina Minor Power of Attorney
View an example of a South Carolina power of attorney for a child to see what elements to include. Then, delegate authority to an agent by completing our form. Download a final copy as a PDF or Word document for storage in your records. You can also provide copies to the child’s school or healthcare providers so they know who has the authority to act on your child’s behalf.
