Homepage Attorney-Approved South Carolina Power of Attorney Form
Outline

In South Carolina, the Power of Attorney (POA) form serves as a vital legal document that empowers individuals to designate someone else to make decisions on their behalf. This form can be used for various purposes, including financial matters, healthcare decisions, and property management. The principal, or the person granting authority, can specify the extent of the agent's powers, whether they are broad or limited. It is essential to understand that the agent, the individual receiving the authority, has a fiduciary duty to act in the best interests of the principal. South Carolina law requires that the POA be signed by the principal and, in some cases, witnessed or notarized to ensure its validity. Additionally, individuals may choose to create a durable power of attorney, which remains effective even if the principal becomes incapacitated. Understanding these aspects is crucial for anyone considering this important legal tool, as it can provide peace of mind and ensure that personal wishes are respected during challenging times.

Form Sample

South Carolina Power of Attorney Template

This Power of Attorney Document is designed in accordance with the South Carolina Code of Laws, Title 62, Article 5 (South Carolina Probate Code), and grants an individual (the "Principal") the ability to appoint another person (the "Agent") to make decisions on their behalf. Use this document to authorize your Agent to act in your capacity regarding specified matters.

Principal Information

Full Name: ___________________________
Address: ______________________________
City, State, Zip: ______________________
Phone Number: _________________________
Email Address: ________________________

Agent Information

Full Name: ___________________________
Address: ______________________________
City, State, Zip: ______________________
Phone Number: _________________________
Email Address: ________________________

Alternate Agent Information (Optional)

Full Name: ___________________________
Address: ______________________________
City, State, Zip: ______________________
Phone Number: _________________________
Email Address: ________________________

In the event that the original Agent is unable or unwilling to serve, the Principal nominates the above-named Alternate Agent to serve in their place.

Authority Granted

The Principal grants the Agent the following powers, to be exercised in the Principal's name, place, and stead:

  • Real property transactions
  • Tangible personal property transactions
  • Stock and bond transactions
  • Commodity and option transactions
  • Banking and financial service transactions
  • Business operating transactions
  • Insurance and annuity transactions
  • Estate, trust, and other beneficiary transactions
  • Claims and litigation
  • Personal and family maintenance
  • Benefits from social security, Medicare, Medicaid, or other governmental programs, or military service
  • Retirement plan transactions
  • Tax matters

Effective Date and Duration

This Power of Attorney becomes effective on the date below and will remain in effect until specifically revoked in writing by the Principal or as provided by South Carolina law.

Effective Date: _______________

Signature

This document must be signed and dated by the Principal in the presence of a notary public and at least two (2) witnesses who are not the Agent or related to the Principal or Agent by blood or marriage.

Principal's Signature: ___________________________ Date: _______________

Witness 1 Signature: _____________________________ Date: _______________

Witness 2 Signature: _____________________________ Date: _______________

Notary Public Signature: __________________________ Date: _______________
My Commission Expires: __________________

Notice to Person Accepting the Appointment as Attorney-in-Fact

By accepting or acting under the appointment, the Agent assumes the fiduciary and other legal responsibilities of an Agent.

Form Attributes

Fact Name Description
Definition A Power of Attorney (POA) in South Carolina allows an individual to designate someone else to make decisions on their behalf.
Types of POA South Carolina recognizes several types of POA, including durable, springing, and healthcare POAs.
Governing Law The South Carolina Power of Attorney Act, specifically Title 62, Article 5 of the South Carolina Code of Laws, governs the use of POA forms.
Durability A durable POA remains effective even if the principal becomes incapacitated, ensuring continued decision-making support.
Revocation The principal can revoke a Power of Attorney at any time, as long as they are mentally competent to do so.
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