A South Carolina Power of Attorney is a legal document allowing you to appoint someone you trust to make important financial or medical decisions. This person, also known as the agent or attorney-in-fact, can act on your behalf in various situations, such as managing your finances, paying bills, or making healthcare decisions if you cannot do so yourself.
Laws
Statute: South Carolina Uniform Power of Attorney Act (SC Code § 62-8), Protection of Persons Under Disability and Their Property (SC Code § 62-5), and Adult Health Care Consent Act (SC Code § 44-66).
By Type
Durable (Financial)
Gives an agent the legal authority to manage your affairs if you become incapacitated (legally unable to make your own decisions).
Signing Requirements: Two witnesses and a notary public (§ 62-8-105).
Medical
Instructs medical personnel on how to proceed with your care if you are unable to make decisions yourself.
Signing Requirements: Not specifically stated.
Limited (Special)
Allows you to give powers to an agent for a certain task (such as signing a document), and typically ends when the task has been completed.
Signing Requirements: Two witnesses and a notary public (§ 62-8-105).
Non-Durable (General)
Lets your chosen third party (agent) make decisions relating to your financial affairs.
Signing Requirements: Two witnesses and a notary public (§ 62-8-105).
Springing
“Springs” into action and only becomes in effect in a certain situation, such as if you become incapacitated.
Signing Requirements: Two witnesses and a notary public.
Vehicle (Form MC-25)
Appoints another person or entity called an agent or proxy to manage your vehicle-related affairs.
Signing Requirements: Notary public.
Real Estate
Appoints an agent to conduct real estate management and transactions in your absence.
Signing Requirements: Notary public and two witnesses.
Tax (Form SC-2848)
Designates a representative to handle your tax matters.
Signing Requirements: Taxpayer and representative.
Minor (Child)
Assigns someone the right to make decisions for your child in your absence.
Signing Requirements: Notary public and two witnesses.
Revocation
Revokes a previously active power of attorney.
Signing Requirements: Two witnesses and notary public.
