Power of Attorney in South Carolina

State-specific overview · Estate & Probate

Quick summary

South Carolina requires powers of attorney to be notarized and allows durable powers that survive incapacity if properly designated.

How South Carolina treats Power of Attorney

South Carolina permits both durable and non-durable powers of attorney, with durable powers remaining effective during the principal's incapacity if the document explicitly states the principal's intent. The power of attorney must be signed by the principal and notarized before a notary public. South Carolina recognizes financial powers of attorney and separate healthcare powers of attorney for medical decisions. The principal retains the right to revoke the power of attorney at any time while competent.

The general definition of Power of Attorney

A legal document authorizing someone to act on your behalf in financial or medical decisions.

A power of attorney is a document you sign giving another person (called an agent or attorney-in-fact) the authority to make decisions and sign documents for you. You can make it broad (covering all financial matters) or narrow (only for selling a specific property). It takes effect immediately or only if you become incapacitated, depending on what you choose.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Carolina.