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South Carolina Power of Attorney Forms

South Carolina power of attorney forms are documents that enable residents to designate an agent (also referred to as an attorney-in-fact) to serve as their representative. This representation could be in matters financial or medical, or it could concern the guardianship of the individual’s children or the filing of their taxes. Whatever the purpose of the power of attorney form, it is necessary that the principal (the individual drafting the document) elect an agent that they can trust will represent their best interests.

By Type (10)

  1. Advance Directive
  2. Durable
  3. General
  4. Limited
  5. Living Will
  6. Medical
  7. Motor Vehicle (DMV)
  8. Minor (Child)
  9. Real Estate
  10. Tax (Form SC-2848)

Advance Directive – Enables the principal to leave a set of instructions regarding their preferences for medical treatment should they become incapacitated. It can also elect an attorney-in-fact to oversee the medical treatments.

Download: Adobe PDF
Signing requirements (§ 62-5-503(3) & § 44-77-40(2)): Two witnesses for Medical POA; Two witnesses + notarization for Living Will

 


Durable Power of Attorney – Enables the principal to assign an agent to oversee their finances. The power persists beyond the principal’s incapacitation.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 62-8-105): Two (2) witnesses & notarization

 


General (non-durable) Power of Attorney – A general power of attorney provides a broad scope of power to the attorney-in-fact. However, it becomes null and void upon the principal’s incapacitation.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 62-8-105): Two (2) witnesses & notarization

 


Limited Power of Attorney – A limited power of attorney provides the attorney-in-fact with the ability to carry out a specific action or a specific set of actions.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 62-8-105): Two (2) witnesses & notarization

 


Living Will – A living will is a type of advance directive that relays what the principal would or would not like with regard to life-sustaining treatments.

Download: Adobe PDF
Signing requirements (§ 44-77-40(2)): Two (2) witnesses & notarization

 


Medical Power of Attorney – A medical power of attorney, as opposed to a living will, elects a health care agent to represent the principal once they are incapacitated.

Download: Adobe PDF
Signing requirements (§ 62-5-503(3)): Two (2) witnesses

 


Motor Vehicle (DMV) Power of Attorney – A DMV power of attorney enables the agent to represent the principal in selling, purchasing, or registering their motor vehicle.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements: Notarization

 


Minor (Child) Power of Attorney – Provides temporary powers of attorney to the agent to care for the principal’s child.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 62-8-105): Two (2) witnesses & notarization

 


Real Estate Power of Attorney – A real estate agent or any representative will be required to have a power of attorney in order to act on behalf of a principal in purchasing, selling, or remortgaging real estate.

Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing requirements (§ 62-8-105): Two (2) witnesses & notarization

 


Tax (Form SC-2848) Power of Attorney – A tax power of attorney enables a tax professional to file the principal’s taxes and otherwise represent them when dealing with the Department of Revenue.

Download: Adobe PDF
Signing requirements: Taxpayer(s) & representative(s)