Signing checklist for South Carolina

The signing steps in South Carolina law, step by step. Pick your documents to see them.

Checked against official sources: October 31, 2026.

Short answer

This checklist lists the signing rules in South Carolina law. It does not check whether your document is valid.

Financial power of attorney: Notarized and signed in front of two witnesses
Health care directive: Signed in front of two witnesses (no notary)

Financial power of attorney: South Carolina

Sign it Signed by you, or by another person you direct to sign your name in your presence.
Law: S.C. Code §§ 62-8-105, 62-2-502, 30-5-30, 62-8-109(c)
Notary or witnesses 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.
Law: S.C. Code §§ 62-8-105, 62-2-502, 30-5-30, 62-8-109(c)
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)
If it may be used for real estate A power of attorney must be acknowledged or proved under S.C. Code § 30-5-30, the same rule that applies to deeds and other recorded instruments. After your incapacity it must be recorded like a deed in the county where you live (or where your property is, if you live out of state) before the agent can act.

Health care directive: South Carolina

Choose your form Health Care Power of Attorney Official text
Law: S.C. Code §§ 62-5-503(a)(1), 62-5-504, 62-5-517
Sign it Dated and signed by you, or in your name by another person in your presence and at your direction.
Law: S.C. Code §§ 62-5-503, 62-5-504, 62-5-517
Notary or witnesses Use a form substantially like the statutory form, and sign it in front of two qualified witnesses (each must see you sign or hear you acknowledge your signature) who sign the witness declaration. The notary block on the statutory form is optional. A different document is also treated as valid if it names the agent, states the types of decisions, and has your signature, two qualified witnesses and a notary's attestation.
Law: S.C. Code §§ 62-5-503, 62-5-504, 62-5-517
Who cannot witness Each witness must declare that, to their knowledge, they are not related to you by blood, marriage or adoption (as spouse, ancestor, descendant of your parents, or spouse of any of them), not directly financially responsible for your medical care, not entitled to part of your estate by will or inheritance, not a beneficiary of your life insurance, and not your health care agent or successor agent. No witness may be your attending physician or the physician's employee or have a claim against your estate. No more than one witness may be an employee of a health care facility where you are a patient.
Law: S.C. Code §§ 62-5-503, 62-5-504, 62-5-517
If you live in a nursing facility If you are a patient in a health facility, no more than one witness may be an employee of that facility.
Law: S.C. Code §§ 62-5-503, 62-5-504, 62-5-517

After signing

Give copies to the right people Keep the signed documents in a safe place and give copies to your health care proxy and your doctors. Some states have registries that store an advance directive for doctors and your proxy.

Signing checklist

This checklist lists the signing rules in South Carolina law. It does not check whether your document is valid.

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