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.
Choosing someone you trust to act as your agent is essential, as they will have significant responsibility and control over your affairs.
Laws & Requirements
Statute: South Carolina Uniform Power of Attorney Act (§ 62-8)
Signing Requirements § 62-8-105: Two witnesses and a notary public.
By Type
General/Financial Power of Attorney
Lets your chosen third party (agent) make decisions relating to your financial affairs.
Signing Requirements: Two witnesses and a notary public (§ 62-8-105).
Medical Power of Attorney
Instructs medical personnel on how to proceed with your care if you are unable to make decisions yourself.
Signing Requirements: Not specifically stated.
Durable Power of Attorney
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).
Limited (Special) Power of Attorney
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).
Real Estate Power of Attorney
Appoints an agent to conduct real estate management and transactions in your absence.
Signing Requirements: Notary public and two witnesses.
Minor (Child) Power of Attorney
Assigns someone the right to make decisions for your child in your absence.
Signing Requirements: Notary public and two witnesses.
Vehicle Power of Attorney (Form MC-25)
Appoints another person or entity called an agent or proxy to manage your vehicle-related affairs.
Signing Requirements: Notary public.
South Carolina Tax Power of Attorney | Form SC-2848
Designates a representative to handle your tax matters.
Signing Requirements: Taxpayer and representative.
Revocation of Power of Attorney
Revokes a previously active power of attorney.
Signing Requirements: Two witnesses and notary public.