South Carolina Power of Attorney Form
Create a free South Carolina durable financial power of attorney under S.C. Code Ann. § 62-8-101 et seq. (S.C. Uniform Power of Attorney Act); execution under § 62-8-105 (incorporating will-witness formality of § 62-2-502 and acknowledgment under § 30-5-30); durability under § 62-8-104. Fill in the form, preview the document live, and download a ready-to-sign PDF.
Before you sign — South Carolina requirements
The principal must sign and have the signature attested by two witnesses (the same formality as a South Carolina will) AND have the signature acknowledged or proved before a notary public under § 30-5-30 — both two witnesses and notarization are required.
Powers You Grant
Live Preview
⚠ The principal must sign and have the signature attested by two witnesses (the same formality as a South Carolina will) AND have the signature acknowledged or proved before a notary public under § 30-5-30 — both two witnesses and notarization are required.
Durable Financial Power of Attorney (South Carolina)
1. Designation of Agent
I, [PRINCIPAL NAME], of SC (the "Principal"), appoint [AGENT NAME], of [AGENT ADDRESS], as my agent (attorney-in-fact) to act for me in any lawful way with respect to the subjects granted below.
2. Grant of Authority
I grant my agent authority over ALL of the following subjects. My agent may act on my behalf in any lawful way with respect to each:
• Real Property — Buy, sell, lease, mortgage, and manage land and buildings.
• Tangible Personal Property — Handle physical belongings such as vehicles, furniture, and equipment.
• Stocks and Bonds — Buy, sell, and manage securities and brokerage accounts.
• Commodities and Options — Trade commodities and options contracts.
• Banks and Other Financial Institutions — Open, use, and close bank accounts; write checks; manage deposits.
• Operation of a Business or Entity — Operate, manage, and make decisions for a business you own.
• Insurance and Annuities — Buy, change, and manage insurance policies and annuities.
• Estates, Trusts, and Beneficial Interests — Act regarding interests in estates, trusts, and similar arrangements.
• Claims and Litigation — Pursue, defend, and settle legal claims and lawsuits.
• Personal and Family Maintenance — Pay for your and your family's customary living expenses.
• Government Benefits — Apply for and manage Social Security, Medicare, and other public benefits.
• Retirement Plans — Manage IRAs, 401(k)s, pensions, and other retirement accounts.
• Taxes — Prepare, sign, and file tax returns and handle tax matters.
3. Durability
This power of attorney is DURABLE. It is not affected by my subsequent incapacity or disability and remains in effect until my death or until I revoke it.
4. When This Power Becomes Effective
This power of attorney is effective immediately upon signing.
5. Agent Compensation
My agent shall serve without compensation but is entitled to reimbursement of reasonable expenses.
6. Reliance by Third Parties
Any person may rely on the authority granted in this document. I agree to indemnify any third party who acts in good-faith reliance on this power of attorney. A copy or electronically transmitted copy has the same effect as the original.
7. Governing Law and Revocation
This power of attorney is governed by the laws of the State of South Carolina (S.C. Code Ann. § 62-8-101 et seq. (S.C. Uniform Power of Attorney Act); execution under § 62-8-105 (incorporating will-witness formality of § 62-2-502 and acknowledgment under § 30-5-30); durability under § 62-8-104). I may revoke it at any time by a signed writing delivered to my agent.
Execution
Signed this ______ day of ____________, 20____.
_______________________________________
[PRINCIPAL NAME], Principal
WITNESSES (South Carolina requires 2):
_______________________________________
Witness 1 — signature, printed name, address
_______________________________________
Witness 2 — signature, printed name, address
(Statute requires two witnesses via the will-formality cross-reference (§ 62-2-502); it does not expressly bar the agent or interested persons, but as best practice use two disinterested adults who are not the agent or a beneficiary.)
NOTARY ACKNOWLEDGMENT
State of South Carolina, County of ________________
On this ______ day of ____________, 20____, before me personally appeared [PRINCIPAL NAME], known to me (or satisfactorily proven) to be the person who executed this instrument, and acknowledged that they executed it as their free act and deed.
_______________________________________
Notary Public My commission expires: __________
Email yourself a copy (PDF)
This is a self-help template, not legal advice. A power of attorney is a powerful legal document that lets your agent act for you. This tool helps you assemble a South Carolina durable financial POA, but it cannot account for every situation. Read it carefully, follow the signing requirements above exactly, and consult a licensed South Carolina attorney if your circumstances are complex (significant assets, business interests, blended families, or estate planning).
How to Sign a Power of Attorney in South Carolina
A power of attorney only works if it is executed correctly. In South Carolina, the principal must sign and have the signature attested by two witnesses (the same formality as a South Carolina will) AND have the signature acknowledged or proved before a notary public under § 30-5-30 — both two witnesses and notarization are required. An improperly signed POA can be rejected by banks, title companies, and government agencies, so this step matters as much as the wording of the document itself.
After signing, give the original or a certified copy to your agent and keep one for yourself. If the power of attorney will be used to manage or transfer real estate, it generally must be recorded with the county where the property is located. Many banks and financial institutions also prefer (or require) that you use their own POA acceptance process, so it is worth notifying them in advance.
Types of Power of Attorney
This generator creates a durable financial power of attorney — the most common type, used to let a trusted person handle money, property, and financial accounts. "Durable" means the authority continues even if you later become incapacitated, which is exactly when most people need an agent to step in.
A financial power of attorney does not cover health-care decisions. For that you need a separate medical power of attorney or health-care directive. You can also limit a POA to a single task (a "limited" or "special" power of attorney) using the special-instructions field above.
Choosing Your Agent
Your agent (sometimes called your "attorney-in-fact") will have real authority over your finances, so trust is everything. Choose someone reliable, organized, and willing to serve. Naming a successor agent is strongly recommended so your POA still works if your first choice is unavailable.
Your agent owes you fiduciary duties: they must act in your best interest, keep your money separate from theirs, and keep records. You can add limits — for example, barring gifts to the agent — in the special-instructions field.
Frequently Asked Questions
Is this South Carolina power of attorney form legally valid?
The form follows South Carolina's statutory framework, but a power of attorney is only valid if you execute it correctly. The principal must sign and have the signature attested by two witnesses (the same formality as a South Carolina will) AND have the signature acknowledged or proved before a notary public under § 30-5-30 — both two witnesses and notarization are required. For complex situations, consult a South Carolina attorney.
Does a South Carolina power of attorney need to be notarized?
The principal must sign and have the signature attested by two witnesses (the same formality as a South Carolina will) AND have the signature acknowledged or proved before a notary public under § 30-5-30 — both two witnesses and notarization are required.
What is a durable power of attorney?
A durable power of attorney stays in effect even if you become incapacitated. That is what makes it useful for planning — your agent can keep managing your finances exactly when you can no longer do so yourself. A non-durable POA ends at incapacity.
Can I cancel my power of attorney?
Yes. You can revoke a power of attorney at any time while you have mental capacity by signing a written revocation and notifying your agent and any institutions relying on it. Creating a new POA can also revoke a prior one if it says so.
Disclaimer
This generator provides a self-help document for general informational purposes only and is not legal advice. RecordingLaw.com is not a law firm. Whether this document is right for you, and whether it is valid, depends on your specific circumstances and on following South Carolina's execution requirements. For advice, consult a licensed South Carolina attorney.
Know someone who could use this? Share this free tool: