Power of attorney in South Carolina: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in South Carolina, from South Carolina law.

Checked against official sources: October 31, 2026.

Short answer

South Carolina Uniform Power of Attorney Act

How to sign: Notarized and signed in front of two witnesses
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: Yes

Words used in South Carolina

In South Carolina you name an agent for money and property in a power of attorney, and a health care agent in a separate health care power of attorney. A Declaration of a Desire for a Natural Death is a separate document about life-sustaining procedures. If an adult is incapacitated and has no documents, the Adult Health Care Consent Act lets family members decide health care, and the probate court can appoint a guardian or conservator.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney under the South Carolina Uniform Power of Attorney Act
The person you choose: Agent (the law also uses 'attorney-in-fact')
Health care: Health care power of attorney (naming a health care agent)
Treatment wishes: Declaration of a Desire for a Natural Death (living will)
Court-appointed decision-maker: Guardian of an incapacitated individual (full or limited); conservator for property

Law and official form

Law: South Carolina Uniform Power of Attorney Act
Uniform Power of Attorney Act: Yes (effective January 1, 2017)

Law: S.C. Code § 62-8-101

Signing rules

How to sign: A South Carolina power of attorney must be signed, witnessed by two people as a will is, and acknowledged or proved for recording under S.C. Code § 30-5-30 (for example, acknowledged before a notary in the presence of two witnesses, or proved by a witness's sworn affidavit before a notary). Your agent can act after you become incapacitated only if the power of attorney has been recorded like a deed.
Who signs: Signed by you, or by another person you direct to sign your name in your presence.
Notary: Required
Witnesses: 2
Who cannot witness: The power of attorney must be witnessed with the same formality as a South Carolina will (two witnesses who each saw you sign or saw you acknowledge your signature). The act does not list people who may not witness.

Law: S.C. Code §§ 62-8-105, 62-2-502, 30-5-30, 62-8-109(c)

Durable and springing

Is it durable?

A power of attorney created under the act is durable unless it expressly says it ends if you become incapacitated. But after you become incapacitated, the agent may use it only once it has been recorded in the same manner as a deed in the county where you live (or, if you live out of state, a county where you own property); it can be recorded before or after the incapacity.

Law: S.C. Code § 62-8-104; § 62-8-109(c)

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

A power of attorney is effective when signed unless it says it starts on a future date or event. You can name a person to decide in writing that the event happened. If it starts on incapacity and you named no one, a physician or licensed psychologist can determine in writing that you are incapacitated. After incapacity the power of attorney must be recorded before the agent can act.

Law: S.C. Code § 62-8-109

What an agent can and cannot do

Needs express permission: Create, amend, revoke or end a trust
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Delegate the agent's authority
Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement plan survivor benefit
Exercise fiduciary powers you are allowed to delegate
Disclaim property, including a power of appointment
Open a safe deposit box or vault you lease
Exercise a power of appointment in favor of someone other than you
Reject, renounce, disclaim, release or agree to reduce a share of an estate, trust or other beneficial interest
Deal in commodity futures contracts and stock options

Agent duties, pay and court review

Agent duties

Act according to your reasonable expectations they actually know and in your best interest
Act in good faith
Act only within the authority you gave
Unless the document says otherwise: act loyally for your benefit, avoid conflicts of interest, use ordinary care, competence and diligence, keep a record of all receipts, payments and transactions, cooperate with your health care decision-maker, and try to preserve your estate plan

Agent pay

Unless the document says otherwise, the agent is entitled to repayment of reasonable expenses and to reasonable compensation.

Law: S.C. Code § 62-8-112

Asking a court to review an agent

You, the agent, your guardian or conservator, your health care decision-maker, your spouse, parent or adult descendant, a presumptive heir, a beneficiary, a government agency protecting you, a caregiver or other interested person, and a person asked to accept the power of attorney can ask a court to interpret it or review the agent's conduct. If you ask, the court must dismiss the petition if it finds dismissal is in your best interest.

Law: S.C. Code § 62-8-116

Law: S.C. Code § 62-8-114

When it ends and how to revoke it

How to revoke a power of attorney in South Carolina

Official forms in South Carolina

Forms published by the state or its courts. You open them on the official site.

Health care directive

Health Care Power of Attorney (statutory form) · Published by South Carolina Legislature · Version: Form for powers signed on or after January 1, 2007 (§ 62-5-504)

Living will

Declaration of a Desire for a Natural Death

Guardianship / conservatorship

Summons, probate court (520GC, 08/2021)

Good to know in South Carolina

A South Carolina power of attorney needs two witnesses and acknowledgment or proof before a notary, and it must be recorded before the agent can use it after you become incapacitated.
Law: S.C. Code §§ 62-8-105, 62-8-109(c)
Revoking a South Carolina power of attorney takes the same formalities as signing one, and a recorded power of attorney's revocation must be recorded too.
Law: S.C. Code § 62-8-110(g)
A living will signed in a hospital or nursing care facility needs an ombudsman as one of the two witnesses.
Law: S.C. Code § 44-77-40(3)
Guardianship procedures were amended by 2024 Act No. 200.
Law: S.C. Code § 62-5-303 editor's note

Changes in 2024–2026

2024 Act No. 200 amended adult guardianship procedure in Article 5 of the Probate Code (sections 1-21 effective on the Governor's approval; sections 22-29 effective July 1, 2025). 2026 Act No. 146 (H.4189) amended the POST chapter. No 2024-2026 changes were seen in the Uniform Power of Attorney Act sections read.

Free help in South Carolina

Report abuse or exploitation

South Carolina Department of Social Services, Adult Protective Services · 1-888-227-3487

Questions about powers of attorney in South Carolina

What is a power of attorney called in South Carolina?

Power of attorney under the South Carolina Uniform Power of Attorney Act. In South Carolina you name an agent for money and property in a power of attorney, and a health care agent in a separate health care power of attorney. A Declaration of a Desire for a Natural Death is a separate document about life-sustaining procedures. If an adult is incapacitated and has no documents, the Adult Health Care Consent Act lets family members decide health care, and the probate court can appoint a guardian or conservator.

Does a power of attorney have to be notarized in South Carolina?

A South Carolina power of attorney must be signed, witnessed by two people as a will is, and acknowledged or proved for recording under S.C. Code § 30-5-30 (for example, acknowledged before a notary in the presence of two witnesses, or proved by a witness's sworn affidavit before a notary).