Power Of Attorney requirements in South Carolina
- You must be at least 18 years old and of sound mind to create a POA.
- Choose an agent who is at least 18 years old and trustworthy.
- Decide on the type: general, durable, medical, or limited.
- The POA must be in writing and signed by you (the principal).
- You must sign in the presence of a notary public (for most POAs).
- For medical POAs, you also need two witnesses who are not related to you or your agent.
Ready to set up your power of attorney? Download a South Carolina POA form today or consult a local attorney for personalized advice.
Create your power of attorneyHow to create a Power Of Attorney in South Carolina, step by step
- Download a South Carolina power of attorney form or hire an attorney to draft one.
- Fill in your name, your agent's name, and your specific powers (e.g., real estate, banking, healthcare).
- For a medical POA, use the state's form or include advanced care directives if you want.
- Sign the document in front of a notary public (and witnesses for medical POAs).
- Give copies to your agent, family doctor, and anyone who might need it, like your bank.
- Store the original somewhere safe, but let your agent know where it is.
Cost considerations
Getting a power of attorney in South Carolina can cost from $0 if you use free online forms to a few hundred dollars for a lawyer. Notary fees are usually around $10-20. Some legal aid groups may offer free help if you qualify.
Before You Begin: South Carolina POA Checklist
Prepare ahead so your POA is valid and works when needed. Have these basics in order before filling out forms.
- Decide the type: financial, medical, or durable, and whether it takes effect now or on incapacity (springing).
- Have the principal's full legal name and address ready, plus the agent's full name, address, and relationship.
- In South Carolina, your POA must be signed by the principal and two competent witnesses, and notarized by a notary public.
- Ensure the agent is at least 18 and willing to serve; discuss duties and authority to avoid surprises.
- Gather any existing estate planning documents to ensure consistency, like a will, trust, or prior POAs.
- Plan to keep the original in a safe place and give copies to the agent and relevant institutions, like banks or doctors.
Common questions
What is the difference between a durable and a medical power of attorney?
A durable power of attorney lets your agent handle financial and legal matters even if you become incapacitated. A medical power of attorney gives your agent the right to make healthcare decisions for you if you can't.
Do I need a lawyer to create a power of attorney in South Carolina?
No, it's not required. You can use official forms and have them notarized. However, if your situation is complex (like business interests), a lawyer can ensure it meets your needs and state law.
Can my agent make decisions about my living will?
No. A living will is a separate document that states your wishes for end-of-life care. Your medical POA agent can only make decisions you've authorized in that document, but they can't override your living will.
How long is a power of attorney valid in South Carolina?
It depends. A non-durable POA ends if you become incapacitated or after a set date. A durable POA remains in effect until you revoke it or pass away. You can also specify an end date.