How do I create a power of attorney in South Carolina?

South Carolina adopted the UPOAA in 2017, but maintains an unusual recording requirement.

1. Governing Law

S.C. Code §§ 62-8-101 to 62-8-403 (South Carolina Uniform Power of Attorney Act, effective 1/1/2017). Healthcare POA at S.C. Code § 62-5-504.

2. Types

General vs limited.

Durable vs non-durable.

Springing — permitted under § 62-8-109.

Healthcare — separate Healthcare POA under § 62-5-504.

3. Statutory Form

S.C. Code § 62-8-301 provides the Statutory Form Power of Attorney. Use is optional; substantial conformity protects third parties.

4. Execution Formalities

Under § 62-8-105, the POA must be: (1) in writing; (2) signed by the principal (or in principal's presence at principal's direction); (3) attested and signed by two or more adult witnesses in the principal's presence; AND (4) acknowledged before a notary public. The notary may also be a witness. Additionally, under § 62-8-114, a POA used for real-estate transactions must be recorded in the Register of Deeds in the county where any affected real estate is located.

5. Durability

Under § 62-8-104, a POA is durable unless it expressly provides that it is terminated by the principal's incapacity. SC follows UPOAA's default-durable rule.

6. Acceptance by Third Parties

S.C. Code §§ 62-8-119 and 62-8-120 mirror UPOAA § 120. Person may request agent certification, English translation, or counsel opinion within 7 business days, then must accept or reject within 5 business days. Wrongful refusal allows court-ordered acceptance plus attorney fees.

7. Revocation

Principal may revoke in writing (§ 62-8-110). Recording the revocation in the Register of Deeds where the POA was recorded is required for real-estate POAs. Notice to agent and third parties. Death, divorce of spouse-agent, or court-appointed conservator terminates.

8. Special Authorities

Section 62-8-201 requires express grant for hot powers: create/amend/revoke a trust, make gifts, create or change survivorship rights, change beneficiary designations, delegate, exercise fiduciary powers, waive principal's right to be beneficiary of joint-and-survivor annuity.

This is legal information, not legal advice.