A South Carolina power of attorney revocation is a legal document terminating the authority that a principal previously granted to an agent. Just as the appointment of an agent requires written documentation, so does the decision to revoke the authority. By completing the revocation form with all required information, the principal can formally reverse the privileges they originally gave.
The principal should deliver this paperwork to the agent to ensure its effectiveness and prepare additional copies for any entities possessing the original POA form. If the agent or other institutions don’t receive notice, they won’t be liable for any action they perform, as they can rightfully assume they still have the awarded authority.
Legal Considerations
Statute – SC Uniform Power of Attorney Act (Title 62, Article 8).
Definitions – § 62-8-102.
Signing Requirements – § 62-8-110 – Two witnesses and notary public.
Revocation and Termination
§ 62-8-110 discusses the revocation and termination of a POA. This form terminates if one of the following events occurs:
- The principal dies.
- The principal revokes the form.
- The agent dies or cannot act in the principal’s best interest.
- The principal revokes the agent’s authority.
An agent’s authority ends when one of the following events occurs:
- The principal revokes their authority.
- The document terminates.
- The agent resigns, becomes incapacitated, or dies.
- The agent’s authority is revoked pursuant to § 62-2-507.
Unless the original document states otherwise, you must revoke the POA according to § 62-8-105 and § 62-8-106. You can fill out a revocation form or initiate a new POA stating that you nullify all previous POAs you’ve completed. If you recorded the original document, you must also record the revocation in the same county.
Fees
- Notary: A South Carolina notary may charge up to $5 to notarize the revocation.
- Recording: You may have to pay a fee ranging from $10 to $30 to record your revocation in your local register of deeds office. This will only apply if you recorded the original POA here.
Resources
- SC Appleseed Legal Justice Center – Provides helpful legal information to the general public.
- SC Legal Services – Offers assistance with civil cases to people who earn low incomes and have minimal assets.
- University of South Carolina Law Library – Provides a research guide, which serves as a good starting point for those interested in navigating their legal matters.
Related Forms
Durable Power of Attorney
Signing Requirements: Two witnesses and notary public.
Minor (Child) Power of Attorney
Signing Requirements: Two witnesses and notary public.
Medical Power of Attorney
Signing Requirements: Two witnesses.
