Free South Carolina Power of Attorney (POA) Form

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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:

  1. 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.
  2. 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.
  3. 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:

  1. Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
  2. The completed form should be signed by both the Agent and Principal.
  3. It is essential that the signing of the document is viewed by 2 witnesses who must also sign the form.
  4. A notary public must also be present at the signing to notarize and must sign the document too.
  5. 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.

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South Carolina Power of Attorney Form

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.

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South Carolina Power of Attorney Form

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STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act:

     - Real property
     - Tangible personal property
     - Stocks and bonds
     - Commodities and options
     - Banks and other financial institutions
     - Operation of entity or business
     - Insurance and annuities
     - Estates, Trusts, and Other Beneficial Interests
     - Claims and Litigation
     - Personal and Family Maintenance
     - Benefits from governmental programs or civil or military service
     - Retirement plans
     - Taxes
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent is entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, SouthCarolina.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT


State of South Carolina
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
WITNESS ATTESTATION


____________________________________________
_________'s Signature

Witness #1 Name: _________
Witness #1 Address: _________
Witness #1 Telephone Number: _________


____________________________________________
witness2NameSouthCarolinaMultistate's Signature

Witness #2 Name: _________
Witness #2 Address: _________
Witness #2 Telephone Number: _________

We, _________, _________, the witnesses, sign our name to the foregoing power of attorney being first duly sworn and do declare to the undersigned authority that the principal signs and executes this instrument as the principal's power of attorney and that the principal signs it willingly, or willingly directs another to sign for the principal, and that We, in the presence and hearing of the principal, sign this power of attorney as witnesses to the principal's signing and that to the best of our knowledge the principal is eighteen years of age or older, of sound mind and under no constraint or undue influence.


____________________________________________
_________


____________________________________________
_________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal becomes incapacitated, if the power of attorney is not durable;

(3) The principal's revocation of the power of attorney or your authority;

(4) The occurrence of a termination event stated in the power of attorney;

(5) The purpose of the power of attorney is fully accomplished; or

(6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

An agent's authority terminates when the:

(1) Principal revokes the authority;

(2) Agent dies, becomes incapacitated, or resigns;

(3) Agent's authority is revoked pursuant to Section 62-2-507, unless the power of attorney otherwise provides; or

(4) Power of attorney terminates.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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