A South Carolina Power of Attorney Form is a legal document that allows the principal to choose an agent or attorney-in-fact, to make decisions and handle selected affairs on their behalf.
For example, the principal uses this form to give the agent authority or power regarding finances, health care, or other specified tasks. As a principal, ensure that you sign this document and present it to your agent and other relevant third parties, according to the South Carolina State laws.
You can choose to create a durable power of attorney form which guarantees that your agent will retain the given authority even after you become incapacitated or mentally incompetent. That means that you should select a trustworthy agent and will observe their fiduciary duty.
You can use the SC power of attorney in different counties within the State. Ensure that your agent has a copy of the form as proof when taking action on your behalf.
Reasons to Have a POA in South Carolina
As an adult (18 years and over) in South Carolina, you need to have power of attorney. Some of the reasons why you need a power of attorney in SC include: if you are moving into a care facility, if you are traveling to live abroad or out of South Carolina State if you are absent and cannot handle your affairs by yourself, if you are ill, or getting older or if your health is deteriorating.
The 9 Different Types
There are different power of attorney forms that you can use in South Carolina. The types of power of attorney in SC are as follows:
Durable (Statutory) Power of Attorney
A durable (statutory) power of attorney in SC is a legal form that enables a principal to choose an agent who will handle financial and business affairs on their behalf. This version of the financial power of attorney is durable and will last for a lifetime unless the principal revokes the agent’s authority.
Your agent can be your adult child, trusted friend, professional, or even a trusted family member. This form is an enduring power of attorney and differs significantly from a nondurable power of attorney, which is automatically terminated once the principal becomes incapacitated. Ensure that you observe the Probate Code, Title 62, Article 8 (Uniform Power of Attorney Act) statutes which include the following laws § 62-8-102(2), § 62-8-102(7), § 62-8-105 and 62-8-119(f) when preparing this durable power of attorney.
Keep in mind that this form must be in writing, signed in the presence of two witnesses, notarized, and cannot be terminated once the principal is incapacitated.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
A general (financial) power of attorney is a form that grants powers to an agent to act on behalf of a principal in South Carolina when it comes to make decisions about their business and financial matters. This form is different from the one mentioned above in that it will automatically terminate when the principal becomes legally incapacitated or mentally incompetent. In addition, if you lose the ability to communicate effectively with those around you, the State of South Carolina will consider this form revoked.
With this form, the agent you have chosen is supposed to make proper decisions concerning your finances. Ensure that you observe the South Carolina Uniform Power of Attorney Act statutes, the SC Code § 62-8-201 laws when assigning powers to your agent, and SC Code § 62-8-105 laws when signing the form. At least two witnesses should witness the general (financial) power of attorney and notarize at the notary public.
Download: Microsoft Word (.docx)
Medical Power of Attorney
A medical power of attorney in SC is a legal form prepared by the principal to select and transfer authority to an agent(s) who will be tasked with making medical care decisions on your behalf. This form will only become effective if you become legally disabled. Apart from the leading agent, you can choose two other agents if the first agent cannot handle the given responsibilities on your behalf.
According to Section 62-5-501(4) in the State laws of South Carolina, the medical or health care power of attorney is durable and must be prepared and executed accordingly. Since this form comes in effect only if you cannot make your own decisions, it has a section where you can include more details about your health preferences, especially concerning difficult health care decisions and life-sustaining measures.
Ensure that this form has a date, your signature, is witnessed and notarized according to the State laws of South Carolina (§ 62-5-504(9)(B) and 44-77-40), especially if you want to withhold a particular life-sustaining procedure(s). The observed statutes are found under Title 62, Article 5 (Protection of Persons Under Disability and Their Property).
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
A South Carolina minor (child) power of attorney form is a legal document prepared by a principal (usually parents or guardians) of the child choose an agent who will care for their child. This authority is temporary and is used if the principal is absent for a while due to hospitalization, travel, disability, or incapacitation.
The agent is tasked with representing the child in matters dealing with medical care, education, security, and other specified types of care. As a principal, preparing this power of attorney in SC is essential if you will be away from your child for long. Therefore, ensure that you choose a trusted agent who understands the responsibilities involved before agreeing to their authority.
You can revoke this power of attorney, and you must deliver the revocation in writing to the agent to inform them that their authority has been terminated. Always observe the Guardianship Guide to ensure that you prepare this minor (child) power of attorney according to the guideline provided in Title 62, Article 5 (Protection of Persons Under Disability and Their Property).
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A South Carolina real estate power of attorney is a legal form that enables you as the principal to choose an agent who will have the authority to deal with all of your real estate transactions. The principal must sign this form, notarize, witness, and record it. You will need to file this form to enable your agent to record details of land transfers with the required authority.
The South Carolina Uniform Power of Attorney Act statutes guide and determines how to prepare this South Carolina real estate power of attorney form. If they have a copy of this form, some of the agent’s actions on your behalf include caring , conducting sales, or handling transactions regarding the concerned property. As the principal, you can revoke or terminate this document.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
A South Carolina revocation of power of attorney is a form used when a principal wishes to terminate or revoke their existing power of attorney. Since granting authority to an agent is done in writing, you are also required to revoke or terminate your power of attorney in writing. This form must comply with SC State laws found in Section 62-5-502.
You must provide your agent and all parties or institutions that record your power of attorney with this revocation document for this form to take effect. This will prevent anyone from assuming that your power of attorney is still adequate; hence, terminate the authority given to your agent.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form SC-2848)
A South Carolina tax power of attorney (Form SC-2848), also known as the “Department of Revenue Power of Attorney and Declaration of Representative,” is a document prepared by a principal to designate an agent who will have the authority to deal with your tax affairs based on the authority given. The South Carolina Department of Revenue will require your agent, usually a tax professional or an attorney, to provide a copy of this form before performing the required actions on your behalf. This may include obtaining your tax information, tax return filings, accessing your tax records, or even making inquiries about your tax affairs.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
A South Carolina motor vehicle power of attorney form is a legal document used by a principal to select an agent who will deal with any issues related to the South Carolina Department of Motor Vehicles (DMV). The agent will be responsible for dealing with any affairs related to your motor vehicle, such as registering your vehicle, applying for the title, or even transferring ownership of the motor vehicle to another party. The South Carolina DMV will require proof of the authority given to your agent before they can allow them to perform different actions on your behalf. That means you will be required to notarize this form and give copies to your agent and the Department of Motor Vehicles.
Download: Microsoft Word (.docx)
Limited (Special) Power of Attorney
A limited power of attorney in SC form enables a principal to assign specific tasks or give limited authority to an agent for a specific time. As the principal, you can limit or restrict your agent’s authority using this power of attorney form. For instance, you can give your agent a particular task, such as signing a contract, selling land, or purchasing a home, and once the task has been done, their authority will automatically end. This power of attorney will also become void if you become incapacitated.
When preparing the limited power of attorney form in SC, you need to observe the South Carolina Uniform Power of Attorney Act, SC Code § 62-8-201, and SC Code § 62-8-105 statutes. In addition, ensure that you sign this document and have it witnessed and notarized.
Note: Similar to the limited power of attorney is the Nondurable power of attorney that grants your agent, usually a business partner, the authority to complete transactions or make decisions when you are unavailable. A principal, in this case, can be a private individual.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing power of attorney in SC is a form prepared by a principal for it to become effective once a particular event happens. An example of such an event may be when a principal becomes incapacitated. Therefore, the agent will have the authority to act on behalf of the principal once this form “springs” into action.
Download: Microsoft Word (.docx)
Power of Attorney SC Requirements
You need to meet requirements when preparing a South Carolina power of attorney to ensure that it is valid. Ensure that your power of attorney is in writing and includes your contact details and signature as the principal, the full name and contact details of your agent(s), the agreement date, specification of the powers granted, and details about when the authority given to the agent begins and ends. Also, ensure that the form is witnessed or notarized for proper approval and acknowledgment of the document
Durable SC POA Requirements
There are requirements for preparing this type of form for the durable SC power of attorney. First, you need to keep in mind that in South Carolina, all power of attorney forms are presumed to be durable by default. You should include a specific language to specify that your power of attorney form is not durable.
When creating a durable power of attorney in SC, you must observe the relevant laws, including Title 62 Article 8 (South Carolina Uniform Power of Attorney Act) and § 62-8-104. In addition, ensure that you add your signature as the principal and have the form witnessed by at least two witnesses. Notarization of this form is also required, and it can be done by the notary public or other recognized officials according to § 62-8-105.
Creating a POA
Although some states will require a principal to use the provided statutory power of attorney form, there are no statutory forms required in South Carolina State when creating a power of attorney. Most of these states require a statutory form to ensure that you use the proper language required by the State laws. However, in South Carolina, you will have to state if your form is durable; you have to specify if your power of attorney will be revoked or not once you become disabled or incapacitated.
You can obtain a power of attorney form from websites and download it, fill it out, and sign it. A specific power of attorney form will require notarization or require you to sign it before two witnesses to make them valid. Like the real estate power of attorney forms, others will have to be recorded for validity purposes.
How to get it?
To get a South Carolina power of attorney, the principal, and the agent will need to fill out and sign the form. Ensure that you observe the South Carolina Uniform Power of Attorney Act (§ 62-8) which guides setting up a durable power of attorney.
Free Forms
Steps to Fill Power of Attorney SC Form
You should follow the steps to fill out a South Carolina power of attorney form. Here are the steps that you should observe:
Designate an agent
You will need to choose an individual you trust or a professional to be your agent. Since this is a legal document you want to prepare, ensure that you note down your name and the agent’s name alongside your addresses on the top part of the power of attorney form.
Grant authority
The next step is to choose the powers you want to grant your agent and mark them so that your agent is clear about the kind of authority they will receive from you. You can assign your agent general or specific authority depending on your needs and requirements. You can also include extra instructions about how you want your agent to perform specific actions on your behalf.
Ensure form durability
If you wish for your power of attorney to remain valid even after you become incapacitated, you need to make your form durable. However, in South Carolina, your form is assumed to be durable unless you specify that it is non-durable.
Sign and date the form
The last step of filling out a power of attorney form in South Carolina includes a signature and the date. Both the principal and the agent will be required to do this. Ensure that you notarize it and include the signatures of the witnesses.
Storage and Usage of POA in South Carolina
Once you have completed your power of attorney form, you need to store it safely. Ensure that your agent and all other relevant parties have a copy of the form. For example, in South Carolina ], a principal should give a copy of the power of attorney form to a trusted family member or friend. You can also give a copy to third parties who require it, such as a landlord, state agency, or a bank).
When it comes to usage and revocation of your power of attorney in South Carolina, ensure you observe the following instructions:
Signing on behalf of the principal
An agent should be able to make decisions, conduct any legal matter they are authorized to, and sign on your behalf. You can make this easier by contacting the relevant parties and institutions to inform them about a power of attorney and provide your ID and your agent’s ID. The agent will be able to sign on your behalf as shown below:
Principal’s name]
by [agent’s name]
Power of attorney
Revoking a durable POA
You can revoke your power of attorney form at any time, and this is achieved by filling out and signing a revocation of power of attorney form. However, a durable power of attorney form cannot be revoked once you, as the principal, become incapacitated. Furthermore, in case of abuse, negligence, or failure to observe their fiduciary duty on the agent’s part, a third party can override this durable power of attorney in court.
Frequently Asked Questions
You can revoke a power of attorney in South Carolina by using a revocation of power of attorney document.
You can choose either to work or not work with an attorney when reviewing your South Carolina power of attorney. Working with attorneys or lawyers tends to be costly. However, you will not need them in most cases unless you have some legal concerns or questions you need to be clarified. This is because South Carolina power of attorney forms are easy to understand and straightforward.
A South Carolina power of attorney form needs to be notarized, witnessed, or recorded, depending on the form you are using. For instance, a durable power of attorney form must be notarized, while a real estate power of attorney form must be recorded. The best thing to do is to look up the requirements of every form as mentioned in South Carolina’s State laws.
When using an attorney, it may cost you $200 and $500 to get a power of attorney form in South Carolina.
