Free South Carolina (SC) Power of Attorney Forms | 9 Types

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.

We provide free downloadable power of attorney forms exclusively tailored for South Carolina residents below. These meticulously crafted form templates serve as invaluable resources for individuals seeking to personally draft their power of attorney documents. With utmost precision, our forms ensure accuracy and strict adherence to legal compliance. By availing yourself of these resources, you can confidently navigate the process of establishing a power of attorney, effectively conveying your intentions in alignment with South Carolina’s regulations. Simplify the form drafting process and ensure the accuracy of your documentation with our reliable and legally compliant templates.

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.

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:

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.

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.