South Carolina
South Carolina Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
South Carolina adopted the Uniform Power of Attorney Act, codified at S.C. Code Ann. 62-8-101 to 62-8-403, effective January 1, 2017. Under the act, every power of attorney created on or after that date is durable by default and survives the principal's incapacity unless the document says otherwise. South Carolina adds two requirements that set it apart from most UPOAA states: execution requires the same formalities as a will (the principal's signature plus two witnesses, acknowledged before a notary public or other authorized officer under S.C. Code Ann. 30-5-30); and, to act during the principal's incapacity, the agent must first record the document in the same manner as a deed in the county where the principal resides (typically with the register of deeds or clerk of court, depending on the county). Health care decisions require a separate document under S.C. Code Ann. 62-5-501 et seq.; a financial power of attorney does not cover medical choices.
What a Power of Attorney Does in South Carolina
A power of attorney is a written legal document in which a principal grants an agent authority to act on the principal's behalf in financial, legal, and property matters. The South Carolina Uniform Power of Attorney Act at S.C. Code Ann. 62-8-101 to 62-8-403 governs how that authority is created, what an agent may do, and when the authority ends.
The scope of the agent's authority depends entirely on what the principal grants in the document. A general power of attorney can cover bank accounts, real estate transactions, business operations, tax filings, insurance, and litigation. A limited power of attorney can restrict the agent to a single transaction or a narrow category of acts.
Once an agent accepts appointment under S.C. Code Ann. 62-8-113, the relationship is fiduciary. The agent must act in the principal's interest, not the agent's own, and is subject to a set of duties the statute spells out in detail. A power of attorney does not transfer the principal's property to the agent. The agent acts on behalf of the principal and is accountable for all transactions.
All authority under a financial power of attorney terminates at the principal's death. At that point, the personal representative of the estate takes over management of the principal's affairs. An agent who continues to act after learning of the principal's death faces liability under S.C. Code Ann. 62-8-110.
Durable Power of Attorney in South Carolina
Under S.C. Code Ann. 62-8-104, a power of attorney created after January 1, 2017 is durable by default. "Durable" means the authority continues in full force even if the principal later becomes incapacitated. A principal who wants the POA to terminate at incapacity must include explicit language to that effect.
Durability is defined in S.C. Code Ann. 62-8-102(2) as "not terminated by the principal's incapacity." This default removes a significant planning risk: a principal does not have to worry that failing to add durability language will leave an agent without authority during the exact circumstances the document was created to address.
South Carolina also permits springing powers of attorney. Under S.C. Code Ann. 62-8-109(a)(2), a POA can be drafted to take effect only upon a specified future event, including the principal's incapacity. For incapacity-triggered POAs, effectiveness requires a written determination of incapacity by a physician, licensed psychologist, attorney, court, or other governmental official authorized under S.C. Code Ann. 62-8-102(5).
The Recording Requirement for Incapacity
South Carolina adds a requirement found in very few other states. Under S.C. Code Ann. 62-8-109(c), after the principal's incapacity, an agent may exercise authority under the power of attorney only if the document has been recorded in the same manner as a deed in the county where the principal resides. In most counties, recording is done with the register of deeds; in counties that have not established a separate register of deeds office, the clerk of court performs the same function under S.C. Code Ann. 30-5-10. Recording may occur before or after the principal becomes incapacitated, but the agent has no legal authority to act during incapacity until the recording is complete. To avoid that gap, ask a South Carolina estate planning lawyer for a free case evaluation on handling the witnessed signing and county recording together (attorney advertising).
Principals and agents who want uninterrupted access to authority should record the power of attorney with the register of deeds promptly after signing, rather than waiting until incapacity occurs. Recording must be done in the same manner as recording a deed: either with the register of deeds or the clerk of court, depending on the county (S.C. Code Ann. 30-5-10). If the principal resides outside South Carolina, the POA may be recorded in any South Carolina county where the principal's property is located.
If a recorded power of attorney is later revoked, the revocation must also be recorded in the same county as the original recording to be effective against third parties who are unaware of the revocation.
How to Create a Valid South Carolina Power of Attorney
S.C. Code Ann. 62-8-105 establishes the execution requirements for a South Carolina power of attorney. All three of the following elements are required:
1. Principal's signature. The principal must sign the document, or another individual may sign on behalf of and at the direction of the principal in the principal's presence.
2. Two witnesses. The document must be attested with the same formalities and witness requirements as a South Carolina will. Under S.C. Code Ann. 62-2-502, a will requires the signatures of at least two witnesses, each of whom witnessed either the signing or the principal's acknowledgment of the signature. The same two-witness requirement applies to a power of attorney.
3. Acknowledgment or proof. The document must be acknowledged or proved pursuant to S.C. Code Ann. 30-5-30. That statute permits acknowledgment before a notary public (with official seal), a clerk of court, a justice of the peace, a commissioner of deeds, or other authorized officer. A notary public is the most common choice in practice.
These three requirements mirror the formalities for recording a deed in South Carolina, which is consistent with the recording requirement in S.C. Code Ann. 62-8-109(c). A power of attorney generator can prepare a South Carolina power of attorney as a starting document, but the two witnesses, notarization, and the recording needed before an agent can act during incapacity all still have to happen afterward.
A photocopy or electronically transmitted copy of an original power of attorney has the same legal effect as the original under S.C. Code Ann. 62-8-106(d).
An out-of-state power of attorney that does not satisfy South Carolina's own execution rules can still be valid here under S.C. Code Ann. 62-8-106(c). It is valid if, when it was executed, the execution complied with either the law of the jurisdiction that determines the document's meaning and effect under S.C. Code Ann. 62-8-107, or the requirements for a military power of attorney under 10 U.S.C. 1044b. Section 62-8-107 points first to the jurisdiction indicated in the power of attorney and, only if the document indicates none, to the jurisdiction where it was executed, so the state of signing is the fallback rather than the automatic answer. Subsection 62-8-106(b) is a separate rule and does not apply here: it preserves powers of attorney executed in South Carolina before Article 8 took effect. An out-of-state POA that is valid under 62-8-106(c) may be recorded in South Carolina for purposes of the incapacity recording requirement.
What a South Carolina Agent Can and Cannot Do
Agent Duties
An agent who accepts a South Carolina power of attorney takes on a fiduciary role under S.C. Code Ann. 62-8-114. The statute splits the agent's duties into two groups, and the difference matters when the document is being drafted.
Mandatory duties (62-8-114(a)). These apply to every agent who accepts appointment, and the power of attorney cannot waive them. The agent must:
- Act in accordance with the principal's reasonable expectations, to the extent actually known by the agent, and in the principal's best interest.
- Act in good faith.
- Act only within the scope of authority granted in the power of attorney.
Default duties (62-8-114(b)). Subsection (b) opens with "Except as otherwise provided in the power of attorney," so each of these applies unless the principal varies or waives it in the document itself. Absent that, the agent must:
- Act loyally for the principal's benefit.
- Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest.
- Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
- Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
- Cooperate with a person who has authority to make health care decisions for the principal.
- Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving it is consistent with the principal's best interest.
A principal who wants an agent held to the subsection (b) duties should confirm the document does not narrow or disclaim any of them, because the statute lets it.
An agent who acts in good faith, within the scope of granted authority, and consistent with these duties is protected from personal liability even if the principal's estate declines in value, as long as the agent did not breach a duty.
Hot Powers Requiring Express Grant
S.C. Code Ann. 62-8-201(a) identifies twelve categories of authority that an agent may exercise only if the power of attorney document expressly grants that specific power. These are:
- Create, amend, revoke, or terminate a trust.
- Make a gift.
- Create or change rights of survivorship.
- Create or change a beneficiary designation.
- Delegate authority granted under the power of attorney.
- Waive the principal's right to be a beneficiary of a joint and survivor annuity.
- Exercise fiduciary powers that the principal has authority to delegate.
- Disclaim property, including a power of appointment.
- Access a safe deposit box or vault leased by the principal.
- Exercise a power of appointment in favor of someone other than the principal.
- Reject, renounce, disclaim, release, or consent to a reduction in a share in a trust or estate.
- Deal with commodity futures contracts or call and put options on stocks.
An agent who exercises any of these powers without express authorization may be personally liable for resulting losses.
General Financial Authority
When the principal grants general authority for a category of acts, S.C. Code Ann. 62-8-204 through 62-8-217 define the scope of that authority by subject matter. For example, general authority over real property includes buying, selling, leasing, and mortgaging property. General authority over banks and financial institutions allows the agent to establish accounts, withdraw funds, borrow money, and negotiate instruments. General authority over business operations covers managing, maintaining, and winding up a business. The document can expand or restrict any of these defaults.
Health Care Power of Attorney in South Carolina
A South Carolina financial power of attorney executed under Article 8 does not authorize an agent to make health care decisions. Medical and personal care authority requires a separate health care power of attorney, governed by S.C. Code Ann. 62-5-501 et seq.
The Adult Health Care Consent Act at S.C. Code Ann. 44-66-30 establishes the hierarchy of who may consent to health care for an incapacitated patient. An attorney-in-fact appointed under a valid health care power of attorney executed pursuant to S.C. Code Ann. 62-5-501 ranks second in that hierarchy, after a court-appointed guardian and ahead of spouse, adult children, and other family members.
A health care agent designated under a South Carolina health care power of attorney can make decisions about medical treatment, diagnostic procedures, and the admission to or discharge from health care facilities, within the scope of authority the principal grants in the document. The health care agent's authority generally activates when the attending physician or another authorized individual determines the principal lacks capacity to make health care decisions.
Because the financial POA under Article 8 and the health care POA under Article 5, Part 5 are separate legal instruments with different governing statutes, a principal who wants both financial and medical authority addressed must execute two separate documents.
For a broad overview of how powers of attorney work across all states and what to look for when creating one, see our national Power of Attorney guide.
Preparing a South Carolina POA for Signing
Start with our free South Carolina generator, which prepares a starting document. PDFelement can fill in fields or edit the text of that draft as a PDF if you need to make changes. An e-signature in PDFelement does not replace any of the formalities: the POA still needs two witnesses, with the same formalities as a will, plus acknowledgment before a notary or other authorized officer, and it must be recorded like a deed before an agent can act during incapacity.
Learn How PDFelement WorksAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Revoking or Ending a South Carolina Power of Attorney
A principal may revoke a power of attorney at any time while competent. Under S.C. Code Ann. 62-8-110, a power of attorney terminates upon any of the following:
- The principal dies.
- The principal becomes incapacitated (if the POA is not durable).
- The principal revokes the document.
- The purpose of the POA is accomplished.
- The document provides for termination on a specified date or event.
- The agent dies, becomes incapacitated, or resigns without a successor agent designated in the document.
How to revoke. A revocation must be executed with the same formalities required for the original power of attorney under S.C. Code Ann. 62-8-105 and 62-8-106. Revocation is not effective as to an agent or third party acting in good faith until they have actual knowledge of it.
Recorded revocations. If the original power of attorney was recorded with the register of deeds, the revocation must also be recorded in the same county to be effective against third parties who relied on the recorded document (S.C. Code Ann. 62-8-110(g)).
Marriage dissolution. An agent's authority terminates when that authority is revoked under S.C. Code Ann. 62-2-507, unless the power of attorney provides otherwise (S.C. Code Ann. 62-8-110(b)(3)). The trigger is broader than a final divorce decree. Section 62-2-507(a)(2) defines "divorce or annulment" to cover any divorce, annulment, or declaration of invalidity of a marriage; any other event that would exclude the spouse as a surviving spouse under S.C. Code Ann. 62-2-802; and a court order purporting to terminate all marital property rights or confirming equitable distribution between the spouses, unless they are living together as husband and wife at the time of the decedent's death. Two limits run the other way: a decree of separate maintenance that does not terminate the status of husband and wife is not a divorce for this purpose, and merely filing for divorce does not trigger revocation. Because whether a particular order terminates marital property rights is not always obvious from the face of it, principals who separate or divorce should execute a written revocation rather than assume the automatic rule has already stripped an estranged spouse of agent authority.
Death ends authority. Authority under a financial POA ends at the principal's death. An agent who acts in good faith without actual knowledge of the principal's death is protected, but an agent who continues to act after learning of death may face personal liability.
This page provides general legal information about South Carolina power of attorney laws and is not legal advice. South Carolina estate planning involves individual circumstances that an attorney licensed in South Carolina can assess. Consult a qualified South Carolina attorney before executing or relying on a power of attorney document.
Last reviewed: May 2026. Governing statutes: S.C. Code Ann. 62-8-101 to 62-8-403 (South Carolina Uniform Power of Attorney Act); S.C. Code Ann. 62-5-501 et seq. (Health Care Power of Attorney); S.C. Code Ann. 44-66-10 to 44-66-80 (Adult Health Care Consent Act).
More South Carolina Laws
Frequently Asked Questions
Does a South Carolina power of attorney need to be notarized?
Yes. Under S.C. Code Ann. 62-8-105, a South Carolina power of attorney must be acknowledged or proved pursuant to S.C. Code Ann. 30-5-30, which permits acknowledgment before a notary public, a clerk of court, a justice of the peace, or another authorized officer. A notary public is the most common choice. In addition, the document must also be signed by the principal and attested by two witnesses with the same formalities as a South Carolina will.
How many witnesses does a South Carolina power of attorney require?
Two. Under S.C. Code Ann. 62-8-105, a power of attorney must be attested with the same witness requirements as a South Carolina will. S.C. Code Ann. 62-2-502 requires at least two witnesses for a valid will, so a South Carolina POA also requires two witnesses in addition to the notary acknowledgment.
Does a South Carolina power of attorney need to be recorded?
Not for the document to be validly created, but recording is required before the agent can act during the principal's incapacity. Under S.C. Code Ann. 62-8-109(c), after the principal becomes incapacitated the agent may exercise authority only if the POA has been recorded in the same manner as a deed in the county where the principal resides (S.C. Code Ann. 62-8-109(c)). Principals should consider recording promptly after signing to ensure the agent can act without delay if incapacity occurs.
Is a South Carolina power of attorney durable by default?
Yes. Under S.C. Code Ann. 62-8-104, any power of attorney executed on or after January 1, 2017 is durable and survives the principal's incapacity unless the document explicitly states that it terminates upon incapacity. A principal who wants a non-durable POA must include language to that effect.
Can a South Carolina power of attorney authorize health care decisions?
No. A financial power of attorney under S.C. Code Ann. 62-8-101 et seq. does not cover health care decisions. A principal who wants to authorize an agent to make medical decisions must execute a separate health care power of attorney under S.C. Code Ann. 62-5-501 et seq. The two documents are distinct instruments governed by different statutes.
What powers require express authorization in a South Carolina POA?
Twelve categories of high-risk powers require an express grant under S.C. Code Ann. 62-8-201(a). These include making gifts, creating or amending trusts, changing beneficiary designations, creating survivorship rights, waiving annuity rights, delegating agent authority, exercising delegatable fiduciary powers, disclaiming property, accessing safe deposit boxes, exercising powers of appointment for others, rejecting interests in estates or trusts, and dealing with commodity futures contracts. An agent who exercises any of these without express authorization may be personally liable.
How do you revoke a South Carolina power of attorney?
A principal may revoke a POA at any time while competent. The revocation must be executed with the same formalities as the original document under S.C. Code Ann. 62-8-105 and 62-8-106. If the original was recorded with the register of deeds, the revocation must also be recorded in the same county under S.C. Code Ann. 62-8-110(g). Revocation is not effective as to an agent or third party until they have actual knowledge of it.
Updates
Corrected the agent duties section to separate the three mandatory duties under S.C. Code Ann. 62-8-114(a) from the six default duties under 62-8-114(b) that the power of attorney itself can vary, fixed the out-of-state validity rule to cite 62-8-106(c) rather than 62-8-106(b), and expanded the divorce revocation explanation to reflect the full definition in 62-2-507(a)(2), which also reaches a court order terminating marital property rights or confirming equitable distribution.
Corrected a false negative claim about divorce and power of attorney: South Carolina does automatically revoke a former spouse's authority as agent, but only once a final divorce or annulment decree is entered (S.C. Code Ann. 62-2-507, cross-referenced by 62-8-110(b)(3)), not upon mere filing or separation.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 62: SOUTH CAROLINA PROBATE CODE
§ 62-8-104Power of attorney is durableIn force
A power of attorney created pursuant to this part after the effective date is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at scstatehouse.gov
§ 62-8-105Execution of power of attorneyIn force
A power of attorney must be: (1) signed by the principal or in the principal's presence by another individual directed by the principal to sign the principal's name on the power of attorney; (2) attested with the same formality and with the same requirements as to witnesses as a will in South Carolina; and (3) acknowledged or proved pursuant to Section 30-5-30.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Marshall (District Court, D. South Carolina 2025)“…Carolina Durable [POA] executed in compliance with S.C. Code Ann. §§ 62-8-105 and 62-8- 106.…”
- Rosa Mack Lee (United States Bankruptcy Court, D. South Carolina 2025)“…Thames, 544 S.E.2d 854, 857 (S.C. Ct. App. 2001); see also S.C. Code Ann. § 62-8-105 (providing that a power of attorney “mu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 62-8-109When power of attorney effectiveIn force
(a) Except as provided in subsection (c), a power of attorney is effective when executed pursuant to Sections 62-8-105 and 62-8-106 unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (1) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. (2) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: (A) a physician or licensed psychologist that the principal is incapacitated within the meaning of Section 62-8-102(5)(A); or (B) attorney at law, court of competent jurisdiction, or an appropriate governmental official that the principal is incapacitated within the meaning of Section 62-8-102(5)(B).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 62-8-110Termination of power of attorney or agent's authorityIn force
(a) A power of attorney terminates when the: (1) principal dies; (2) principal becomes incapacitated, if the power of attorney is not durable; (3) principal revokes the power of attorney; (4) power of attorney provides that it terminates; (5) purpose of the power of attorney is accomplished; or (6) principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (b) An agent's authority terminates when the: (1) principal revokes the authority; (2) agent dies, becomes incapacitated, or resigns; (3) agent's authority is revoked pursuant to Section 62-2-507, unless the power of attorney otherwise provides; or (4) power of attorney terminates. (c) Unless the power of attorney otherwise provides and subject to Section 62-8-109, an agent's authority is exercisable until the agent's authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Rosa Mack Lee (United States Bankruptcy Court, D. South Carolina 2025)“…ney had been terminated or whether he resigned pursuant to S.C. Code Ann. §§ 62-8-110 or 62-8-118. In Counsel’s Motion (ECF…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 62-8-201Authority that requires specific grant; grant of general authorityIn force
(a) Notwithstanding anything contained in Sections 62-8-204 through 62-8-217, an agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (1) create, amend, revoke, or terminate a trust, pursuant to Section 62-7-602A; (2) make a gift; (3) create or change rights of survivorship; (4) create or change a beneficiary designation; (5) delegate authority granted under the power of attorney; (6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (7) exercise fiduciary powers that the principal has authority to delegate; (8) disclaim property, including a power of appointment; (9) access a safe deposit box or vault leased by the principal; (10) exercise a power of appointment in favor of someone other than the principal; (11) reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 62-8-114Agent's dutiesIn force
(a) An agent that has accepted appointment shall act: (1) in accordance with the principal's reasonable expectations to the extent actually known by the agent and in the principal's best interest; (2) in good faith; and (3) only within the scope of authority granted in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and act in the principal's best interest; and (6) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 62-8-106Validity of power of attorneyIn force
(a) A power of attorney executed on or after the effective date of this article is valid if its execution complies with Section 62-8-105. (b) A power of attorney executed before the effective date of this article is valid if its execution complied with the law of this State as it existed at the time of execution. (c) A power of attorney executed other than in this State that is not otherwise valid under subsection (a) or (b) is valid in this State if, when the power of attorney was executed, the execution complied with the: (1) law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 62-8-107; or (2) requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended. (d) Except as otherwise provided by statute other than this part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 62-8-102DefinitionsIn force
For purposes of this article: (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to whom an agent's authority is delegated. An agent is a fiduciary. (2) "Durable," with respect to a power of attorney, means not terminated by the principal's incapacity. (3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (4) "Good faith" means honesty in fact. (5) "Incapacity" means inability of an individual to manage property or business affairs because the individual: (A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or (B) is: (i) missing; (ii) detained, including incarcerated in a penal system; or (iii) outside the United States and unable to return.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Grace Gray v. PruitHealth-North Augusta, LLC (Court of Appeals of South Carolina 2024)“…ts authority to an agent to act in place of the principal." S.C. Code Ann. § 62-8-102(7) (2017); see also Watson, 407 at 454,…”
- Marshall (District Court, D. South Carolina 2025)“…of the South Carolina Uniform Power of Attorney (POA) Act, S.C. Code Ann. § 62-8-102 (SCUPAA), and (4) violation of the Sou…”
- Rosa Mack Lee (United States Bankruptcy Court, D. South Carolina 2025)“…rincipal” to sign her name). “Principal” is defined under S.C. Code § 62-8-102(2) as an individual with contractual ca…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 62-8-113Agent's acceptanceIn force
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by another assertion or conduct indicating acceptance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 62-2-502ExecutionIn force
Except as provided for writings within Section 62-2-512 and wills within Section 62-2-505, every will shall be: (1) in writing; (2) signed by the testator or signed in the testator's name by some other individual in the testator's presence and by the testator's direction; and (3) signed by at least two individuals each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Coleman Ex Rel. Coleman v. Dunlap (Supreme Court of South Carolina 1992, 306 S.C. 491)“…presence of each other. This section has been superseded by S.C. Code § 62-2-502 (1987). The parties, however, do not ch…”
- In re Estate of Paradeses (Court of Appeals of South Carolina 2019, 426 S.C. 388)“…tator's acknowledgment of the signature or of the will. S.C. Code Ann. § 62-2-502 (Supp. 2018). "A will may be freely…”
- Smith v. Lawton (Court of Appeals of South Carolina 2021)“…acknowledgment of the signature or of the will. S.C. Code Ann. § 62-2-502 (Supp. 2020). When the proper execution…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 62-2-507Revocation by divorce, annulment, and order terminating marital property rights; no revocation by other changes of circumstancesIn force
(a) In this section: (1) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (2) "Divorce or annulment" means any divorce or annulment or declaration of invalidity of a marriage or other event that would exclude the spouse as a surviving spouse in accordance with Section 62-2-802. It also includes a court order purporting to terminate all marital property rights or confirming equitable distribution between spouses unless they are living together as husband and wife at the time of the decedent's death. A decree of separate maintenance that does not terminate the status of husband and wife is not a divorce for purposes of this section. (3) "Divorced individual" includes an individual whose marriage has been annulled.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Richard W. Meier v. Mary J. Burnsed (Court of Appeals of South Carolina 2022)“…main a beneficiary of any insurance policies after divorce. S.C. Code Ann. § 62-2-507 reporter's cmt. (2022). On April 12, 2…”
- Estate of Richard W. Meier v. Mary J. Burnsed (Supreme Court of South Carolina 2025)“…er the decree affected Burnsed's status as beneficiary. See S.C. Code Ann. § 62-2-507(c) (noting that the presumption of revo…”
- Karen Petit v. Phyllis Krohn (Court of Appeals of South Carolina 2024)“…owner's death."), superseded by statute on other grounds, S.C. Code Ann. § 62-2-507 (2022), as recognized in Meier v. Burns…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 62-5-501DefinitionsIn force
As used in this part: (1) "Agent" or "health care agent" means an individual designated in a health care power of attorney to make health care decisions on behalf of a principal. (2) "Declaration of a desire for a natural death" or "declaration" means a document executed in accordance with the South Carolina Death with Dignity Act or a similar document executed in accordance with the law of another state. (3) "Health care" means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin. It also includes the provision of intermediate or skilled nursing care; services for the rehabilitation of injured, disabled, or sick persons; and placement in or removal from a facility that provides these forms of care. (4) "Health care power of attorney" means a durable power of attorney executed in accordance with this part. (5) "Health care provider" means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Stott v. White Oak Manor, Inc. (Court of Appeals of South Carolina 2019, 426 S.C. 568)“…ey for finance must be recorded in order to be effective. S.C. Code Ann. § 62-5-501 (C) (2009 & Supp. 2013) ; 4 see also…”
- Cruzan Ex Rel. Cruzan v. Director, Missouri Department of Health (Supreme Court of the United States 1990, 497 U.S. 261)“…9) (Purdon Supp. 1989); R. I. Gen. Laws § 34-22-6.1 (1984); S. C. Code Ann. §§ 62-5-501 to 62-5-502 (1987); S. D. Codified Laws…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 62-8-101Short titleIn force
This article may be cited as the "South Carolina Uniform Power of Attorney Act".
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Stott v. White Oak Manor, Inc. (Court of Appeals of South Carolina 2019, 426 S.C. 568)“…(the Act), which became effective January 1, 2017. See S.C. Code Ann. § 62-8-101 through -403 (Supp. 2018). Although s…”
- Grace Gray v. PruitHealth-North Augusta, LLC (Court of Appeals of South Carolina 2024)“…fficer authorized to attest registrable instruments). 3 S.C. Code Ann. §§ 62-8-101 to -403 (2017). [his] true…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 62-8-107Meaning and effect of power of attorneyIn force
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Grace Gray v. PruitHealth-North Augusta, LLC (Court of Appeals of South Carolina 2024)“…of the POA Gray executed while hospitalized in Georgia. See S.C. Code Ann. § 62-8-107 (providing "[t]he meaning and effect of…”
- Dorff (District Court, D. South Carolina 2026)“…breach of fiduciary duty claim. ECF Nos. 80 at 19 (citing S.C. Code Ann. § 62-8-107 (“The meaning and effect of a power of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
South Carolina Code of Laws, Title 30: PUBLIC RECORDS
§ 30-5-30Prerequisites to recordingIn forcecited in 2 of our articles
Except as otherwise provided by statute, before any deed or other instrument in writing can be recorded in this State, it must be acknowledged or proved by the method described in subsection (A)(1), (A)(2), or (B). (A)(1) The execution of the deed or other instrument must be first proved by the affidavit of a subscribing witness to the instrument, taken before some officer within this State competent to administer an oath. If the affidavit is taken without the limits of this State, it may be taken before: (a) a commissioner appointed by dedimus issued by the clerk of the court of common pleas of the county in which the instrument is to be recorded; (b) a commissioner of deeds of this State; (c) a clerk of a court of record who shall make certificate of the deed or other instrument under his official seal; (d) a justice of the peace who shall append to the certificate his official seal; (e) a notary public who shall affix to the deed or other instrument his official seal within the state of his appointment, which is a sufficient authentication of his signature, residence, and official character; (f) before a minister, ambassador, consul general, consul, or vice consul, or…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- In Re: Estate of Sylvia J. Reagan (Court of Appeals of South Carolina 2015)“…he formalities for executing a deed, including a seal), and S.C. Code Ann. § 30-5-30 (2007) (requiring that prior to recordi…”
- Martin v. United States (United States Court of Federal Claims 1996, 37 Fed. Cl. 86)“…hin [South Carolina] competent to administer an oath ... S.C. Code Ann. § 30-5-30 (Law. Co-op.1976). . This sectio…”
- Vieira v. McGrath (In re McGrath) (United States Bankruptcy Court, D. South Carolina 2015, 532 B.R. 253)“…ficer within this State competent to administer an oath. S.C. Code Ann. § 30-5-30 (B) (1976). Mortgages not executed in c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Quitclaim Deed: Witnesses, Recording and Deed Fees
§ 30-5-10. Performance of register of deeds' duties by clerk of court in certain countiesIn forcecited in 2 of our articles
(A) In every county in the State other than Aiken, Anderson, Beaufort, Berkeley, Charleston, Cherokee, Chesterfield, Clarendon, Colleton, Dorchester, Florence, Georgetown, Greenville, Horry, Jasper, Kershaw, Lancaster, Lexington, Oconee, Orangeburg, Pickens, Richland, Spartanburg, and Sumter the duties prescribed by law for the register of deeds must be performed by the clerk of court who has all the powers and emoluments given the register of deeds in Aiken, Anderson, Beaufort, Berkeley, Charleston, Cherokee, Chesterfield, Clarendon, Colleton, Dorchester, Florence, Georgetown, Greenville, Horry, Jasper, Kershaw, Lancaster, Lexington, Oconee, Orangeburg, Pickens, Richland, Spartanburg, and Sumter counties. (B) The registers of deeds in Berkeley and Dorchester counties are elected for terms of four years and until a successor is elected in the general election and qualifies.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at scstatehouse.gov
Also relied on in: South Carolina Property Records: How to Find Out Who Owns a Property (2026)
South Carolina Code of Laws, Title 44: HEALTH
§ 44-66-30Persons who may make health care decisions for patient who is unable to consent; order of priority; exceptionsIn force
(A) Where a patient is unable to consent, decisions concerning his health care may be made by the following persons in the following order of priority: (1) a guardian appointed by the court pursuant to Article 5, Part 3 of the South Carolina Probate Code, if the decision is within the scope of the guardianship; (2) an attorney-in-fact appointed by the patient in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority; (3) a spouse of the patient unless the spouse and the patient are separated pursuant to one of the following: (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (4) an adult child of the patient, or if the patient has more than one adult child, a majority of the adult children who are reasonably available for consultation; (5) a parent of the patient; (6) an adult sibling of the patient, or if the patient has more than one adult…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- The Estate of Mary Solesbee v. Fundamental Clinical (Court of Appeals of South Carolina 2023)“…er of attorney to Bayne. However, Solesbee revoked the 7 S.C. Code Ann. § 44-66-30 (Supp. 2022) (providing that when a pat…”
- The Estate of Charles S. Rudd v. Pepper Hill Nursing & Rehab Center (Court of Appeals of South Carolina 2024)“…his health care could be made by Thelma under the Act. See S.C. Code Ann. § 44-66-30(A) (Supp. 2023) (providing a list of pe…”
- Alston v. Manor, LLC (Court of Appeals of South Carolina 2021)“…tative to bind the patient to an arbitration agreement. See S.C. Code Ann. § 44-66-30(A) (2018 & Supp. 2020) (providing the o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 10
§ 1044bMilitary powers of attorney: requirement for recognition by StatesIn forcecited in 4 of our articles
A military power of attorney— is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned. For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law. Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a). Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph. In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- Bartholomew v. Blevins (Court of Appeals for the Sixth Circuit 2012, 679 F.3d 497)“…unty’s rejection of the military power of attorney violated 10 U.S.C. § 1044b. That statute sets the minimal requireme…”
- Lennie W. Dingler v. Martha Patricia Ferguson (Court of Appeals of Mississippi 2015, 193 So. 3d 644)“…s a power of attorney executed according to state law.7 See 10 U.S.C. § 1044b (2012).8 ¶41. The standard of revi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Power of Attorney Laws: Durable, Medical, and Financial POA (2026), West Virginia Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
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This article also draws on these acts and chapters (opening at their first section): South Carolina Code of Laws, Title 44: HEALTH § 44-66-10 (Short title)
Related law for further reading — not part of this article’s citations.
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Sources and References
- S.C. Code Ann. Title 62, Article 8 - South Carolina Uniform Power of Attorney Act(scstatehouse.gov)
- S.C. Code Ann. Title 30, Chapter 5 - Recording of Instruments; Section 30-5-30 Acknowledgment Requirements(scstatehouse.gov)
- S.C. Code Ann. Title 44, Chapter 66 - Adult Health Care Consent Act(scstatehouse.gov)
- S.C. Code Ann. 62-2-502 - Execution of Wills (Two-Witness Requirement)(scstatehouse.gov)
- S.C. Code Ann. Title 62, Article 5 - Protection of Persons Under Disability (Health Care POA at 62-5-501 et seq.)(scstatehouse.gov)
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