Free South Carolina Power of Attorney (POA) Form

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.

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.

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. 

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.