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:
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.