South Carolina Power of Attorney Rules & Free Form

South Carolina requirements

• South Carolina adopted the Uniform Power of Attorney Act, codified at S.C. Code Title 62, Article 8 (Sections 62-8-101 and following).
• The power of attorney must be signed by the principal, or by another individual in the principal's presence at the principal's direction (Section 62-8-105).
• It must be attested with the same witness formality as a South Carolina will, which means at least two witnesses (Sections 62-8-105 and 62-2-502).
• It must also be acknowledged or proved under Section 30-5-30, so plan on the principal signing before a notary public.
• Durability is the default: the power survives the principal's incapacity unless the document expressly provides that incapacity terminates it (Section 62-8-104).
• After the principal becomes incapacitated, the agent may act only if the power of attorney has been recorded in the same manner as a deed with the register of deeds in the county where the principal resides (Section 62-8-109).

Frequently asked questions

How many witnesses does a South Carolina power of attorney need?

Two. Section 62-8-105 requires attestation with the same witness formality as a South Carolina will, and Section 62-2-502 requires at least two individuals to witness the signing or the acknowledgment of the signature.

Do I have to record a South Carolina power of attorney?

Recording is not required at signing, but under Section 62-8-109 the agent cannot exercise authority after the principal's incapacity unless the document has been recorded like a deed with the register of deeds in the county where the principal resides.

Official sources

• https://www.scstatehouse.gov/code/t62c008.php
• https://www.scstatehouse.gov/code/t62c002.php