Power of Attorney Requirements in South Carolina
At a glance
| Governing law | South Carolina Uniform Power of Attorney Act, Title 62, Article 8 (effective Jan. 1, 2017) |
|---|---|
| Who must sign | Principal, or in the principal's presence by another individual directed by the principal to sign the principal's name (§ 62-8-105(1)) |
| Notarization | Acknowledgment or proof under deed statute required; a notary or other authorized officer may take it (§§ 62-8-105(3), 30-5-30) |
| Witnesses | Two, with will-attestation formality (§§ 62-8-105(2), 62-2-502) |
| Statutory form | No principal-facing statutory form in Article 8; optional agent certification in § 62-8-119(f) |
| Durable by default? | Yes. A power of attorney is durable unless it 'expressly provides that it is terminated by the incapacity of the principal' (§ 62-8-104) |
| Springing POA allowed? | Yes (§ 62-8-109(a)). If effective on incapacity and no determiner is named, a physician or licensed psychologist (or, for non-medical incapacity, an attorney, court, or government official) makes the determination (§ 62-8-109(a)(2)) |
| Real estate extras | After incapacity, recording like a deed in the resident county (or an out-of-state principal’s property county) precedes any agent action (§ 62-8-109(c)) |
| Out-of-state POAs | Valid if execution meets the governing jurisdiction’s law or federal military rule; recordable despite differing § 30-5-30 form, with post-incapacity recording still required (§§ 62-8-106(c), -107, -109(d)) |
Requirements one by one
Governing law
The South Carolina Uniform Power of Attorney Act took effect January 1, 2017 (§ 62-8-101 and the article's legislative history). § 62-8-106(b) preserves a power executed before that date if it met the law then in force.
Who must sign
The principal may direct another individual to sign the principal's name, but that individual must sign in the principal's presence (§ 62-8-105(1)).
Notarization
Section 62-8-105(3) requires acknowledgment or proof under § 30-5-30 in addition to attestation. The latter section permits a subscribing witness's affidavit before an officer competent to administer an oath, or the signer's acknowledgment in the presence of two witnesses before such an officer.
Witnesses
The will-formality cross-reference in § 62-8-105(2) leads to § 62-2-502(3): at least two individuals must witness the signing or the principal's acknowledgment of the signature or document.
Statutory form
Article 8 supplies an optional agent's certification, rather than a principal-facing power of attorney form. § 62-8-119(f) says an agent may use it “to certify facts concerning a power of attorney.”
Durable by default?
The default covers powers created under this part after its effective date: they remain durable unless the instrument expressly says incapacity terminates it (§ 62-8-104).
Springing POA allowed?
The principal may specify a later date or event (§ 62-8-109(a)). If incapacity is the trigger and the named decision maker cannot act, § 62-8-109(a)(2) calls for a written determination by a physician or licensed psychologist for the incapacity described in § 62-8-102(5)(A), or by an attorney, court, or appropriate official for the incapacity described in § 62-8-102(5)(B).
Real estate extras
Recording reaches beyond real estate: § 62-8-109(c) states that, after incapacity and before recordation, “the agent's authority cannot be exercised.” The document can be recorded before or after incapacity in the county where the principal resides; for an out-of-state resident, the statute permits recording in a county where the principal owns property.
Out-of-state POAs
§ 62-8-106(c) recognizes a power executed elsewhere if execution met the law chosen under § 62-8-107, or the federal military POA requirements. Section 62-8-109(d) expressly lets a valid out-of-state power be recorded even if it does not comply with § 30-5-30; after incapacity, the recording requirement in subsection (c) still applies.
What trips people up
The acknowledgment or proof requirement and the two-witness attestation are separate steps. A document prepared for another jurisdiction also needs attention to the South Carolina recording rule before an agent acts after incapacity (§§ 62-8-105, 62-8-109(c)-(d)).
Common questions
Can a document signed before 2017 still be used? § 62-8-106(b) preserves one whose execution complied with South Carolina law when it was signed.
Can someone else sign for the principal? Yes, if the principal directs that person and the person signs in the principal's presence (§ 62-8-105(1)).
Statutes and sources
- S.C. Code §§ 62-8-101, -104 to -107, -109, -119 — official Title 62, Chapter 8, accessed October 6, 2026.
- S.C. Code § 62-2-502 — official Title 62, Chapter 2, accessed October 6, 2026.
- S.C. Code § 30-5-30 — official Title 30, Chapter 5, accessed October 6, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
What does South Carolina law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current South Carolina law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace