How to revoke a power of attorney in South Carolina

What South Carolina law says about revoking a power of attorney, and a free letter you can fill in and print.

Checked against official sources: October 31, 2026.

Short answer

Unless the power of attorney says otherwise, a revocation must be signed and executed with the same formalities as the power of attorney itself.

If it was recorded
If the power of attorney was recorded, the revocation must also be recorded in the same county.

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

What South Carolina law says about revoking a power of attorney

How to sign
South Carolina requires a revocation to be in writing.
How to revoke

Unless the power of attorney says otherwise, a revocation must be signed and executed with the same formalities as the power of attorney itself. Signing a new power of attorney does not revoke an older one unless it says so.

Telling others

Give the revocation to the agent and to banks and others who have the power of attorney. An agent or other person who acts in good faith without actual knowledge of the revocation is protected, and those acts bind you.

If it was recorded

If the power of attorney was recorded, the revocation must also be recorded in the same county.

Law: S.C. Code § 62-8-110(d), (f), (g)

Source: Official text

Free letter: revoke a power of attorney

The date on the document you signed. If you are not sure, use your best estimate.

These names go into your letter only. They are never saved or sent to us.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

When it ends and how to revoke it

It ends when
  • You die
  • You become incapacitated, if the power of attorney is not durable
  • You revoke it
  • The document says it ends
  • Its purpose is accomplished
  • The agent dies, becomes incapacitated, resigns or is revoked, and no other agent is named
  • Your divorce or annulment from your agent-spouse, unless the document says otherwise
  • A court appoints a guardian or conservator, for matters within the guardianship or conservatorship, unless the document says otherwise
Banks and other businesses

A person asked to accept an acknowledged power of attorney must accept it, or ask for an agent's certification, a translation or a lawyer's opinion, within 7 business days, and then accept within 5 business days after getting it. They cannot demand a different form. They may refuse for listed reasons, including a good faith belief the power is invalid, a report of suspected abuse to the state agency, or if the power of attorney does not contain (substantially) the reliance clause quoted in S.C. Code § 62-8-120(b)(7). A wrongful refusal can lead to a court order and attorney's fees and costs.

Law: § 62-8-120

Law: S.C. Code §§ 62-8-110(a)-(b), 62-8-108(b), 62-2-507

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

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