Free South Carolina Power of Attorney Forms

South Carolina Power of Attorney by Type

There are many different kinds of Power of Attorney in South Carolina. These include the following.

• Durable POA - It allows an agent to act on behalf of a principal in financial matters. These types of POA last for an extended period of time.
• General (financial) POA - This is similar to durable POAs in South Carolina, but a general POA is revoked when the principal is deemed incapable or too mentally incompetent to make their own decisions.
• Limited POA - A limited POA in South Carolina is a POA that gives authority to an agent only for a very limited time.
• Medical POA - An agent is appointed to be in charge of the principal’s wishes regarding their healthcare. This usually applies when the principal is incapacitated or unconscious and unable to decide for themselves.
• Minor POA - A minor or child POA grants authority to an agent to take care of the principal’s children for a temporary period.
• Real Estate POA - This type of POA allows the agent to act on behalf of the principal in real estate matters. The agent gets ownership rights.
• Tax POA - A tax POA allows the agent to act on behalf of the principal in matters related to the South Carolina Tax Office. Most often, an agent will be the principal’s accountant.
• Vehicle POA - This type of POA is when the agent acts on behalf of the principal in any matters relating to the South Carolina DMV.

How To Get a Power of Attorney in South Carolina

Follow these steps to create a valid South Carolina Power of Attorney form:

1. Choose the appropriate form: Select the correct SC power of attorney form based on your needs—durable, medical, or limited.
2. Complete the form: Fill out the document with accurate details about the principal (person granting authority) and agent (person receiving authority). Be specific about the powers being granted.
3. Sign and notarize: In South Carolina, the POA must be signed by the principal in front of 2 adult witnesses and a notary public. Without notarization, the document may not be legally binding.
4. Distribute copies: Provide copies of the completed SC POA forms to relevant parties, such as financial institutions or healthcare providers, depending on the type of POA created.

South Carolina Power of Attorney Laws

• South Carolina Uniform Power of Attorney Act - This act sets out all the guidelines pertaining to creating and enforcing a power of attorney in South Carolina. This includes instances when the POA may be revoked and what should occur in the case that an agent dies or cannot perform their role anymore (SC Code § 62-8).
• Protection of Persons Under Disability and Their Property - This article ensures that the principal does not suffer abuse while an agent has authority over them (SC Code § 62-5).

Common Mistakes When Creating a Power of Attorney in SC

Avoid the following mistakes when creating your Power of Attorney:

• Failing to notarize: One common mistake is forgetting to notarize your SC Power of Attorney form. Notarization is mandatory under South Carolina law for most types of POAs. Without it, your document may not hold up in legal situations.
• Choosing an untrustworthy agent: Selecting an agent who lacks integrity can lead to misuse or abuse of authority granted under your South Carolina Power of Attorney form. Always choose someone you trust completely.
• Using outdated forms: Older forms may not comply with recent legislative changes under SC Code § 62-8-101 et seq. Make sure your POA is up to date by using our downloadable templates.