Start a South Carolina Power of Attorney (POA) form now to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf.
Last Update January 24th, 2023
- Types of Power of Attorney in South Carolina
- How to Get a Power of Attorney in South Carolina
- South Carolina Power of Attorney Requirements
- South Carolina Power of Attorney Sample
- FAQs About South Carolina Power of Attorney Forms
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Types of Power of Attorney in South Carolina
There’s more than one type of Power of Attorney in South Carolina and selecting the correct type can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.
The most common kinds of POA available in SC include the following examples:
Durable Power of Attorney: Allows your Agent to handle estate management when you reach advanced age or if you become incapacitated through injury or disability.
Limited Power of Attorney: Lets an Agent have authority over a few specific, often one-off, tasks for a short period of time.
Medical Power of Attorney: Permits your representative to make urgent medical decisions for you if you are unconscious or incapacitated.
Real Estate Power of Attorney: Grants an Agent authority to buy and sell property in your name, or handle other real estate management tasks.
Vehicle (DMV) Power of Attorney: Gives your Agent permission to represent you at the local DMV in South Carolina or handle the buying and selling of vehicles you own.
Springing Power of Attorney: This is a type of POA that is activated only when certain situations arise. This might, for example, be when you become incapacitated or if an urgent issue arises where someone needs to act for you when you’re out of the country.
Minor (Child) Power of Attorney: Allows you to delegate your parental rights over a child to a chosen Agent. This might be necessary if you serve in the military overseas or work abroad for long periods at a time.
Tax Power of Attorney: Gives your Agent the authority to represent you at the SC tax office, allowing them to complete, sign and submit government financial forms on your behalf.
How to Get a Power of Attorney in South Carolina
There are a few ways to get a Power of Attorney in South Carolina. This gives you 2/3 specific options to choose from:
Get it online: You can get a complete SC Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.
Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in South Carolina. However, this is often a more costly process and will often take longer to complete.
Get it from a government office: Pre-printed forms for Tax/Vehicle POAs can be obtained from South Carolina government offices such as the DMV.
South Carolina Power of Attorney Requirements
In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your SC Power of Attorney document before successfully putting it into action.
To do this you will need to meet the following criteria:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
It is essential that the signing of the document is viewed by 2 witnesses who must also sign the form.
A notary public must also be present at the signing to notarize and must sign the document too.
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.
In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:
Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.
South Carolina legislature (§62-8-101) accepted the Universal Power of Attorney Act (UPOAA) in 2020. This means that you can use your Power of Attorney in other states that have also adopted this act. Make sure the wording on your document also follows the guidelines of the UPOAA. Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in South Carolina. They should also be someone that the Principal has full confidence in.
Read more about SC Power of Attorneys in the South Carolina code.
South Carolina Power of Attorney Sample
Before starting your own SC Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.
FAQs About South Carolina Power of Attorney Forms
It is important to have a good understanding of what SC Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
What Are Some Uses of a Power of Attorney?
A SC Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers.
These responsibilities include:
Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you such as buying or selling property
How to Sign as a Power of Attorney?
Once a South Carolina Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.
The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.
How Long Does a South Carolina Power of Attorney Last for?
Depending on the type of Power of Attorney you create, a South Carolina POA can potentially last until your death.
If you create a Durable Power of Attorney in South Carolina, unless you specify otherwise, your Agent will retain their powers until they are revoked or you pass away. This is of course, unless your POA document specifies a set date that the powers will lapse.
With a South Carolina General Power of Attorney, however, your Agent will not be able to act for you after you become incapacitated for any reason due to injury, disability or advanced old age. These agreements end instantly if the Principal is no longer mentally sound, falls unconscious, or dies.