Limited Power of Attorney - South Carolina
LIMITED POWER OF ATTORNEY (SOUTH CAROLINA)
Before you use this: Identify one item of non-titled tangible personal property, one buyer, a minimum sale price, and an end date. This form does not cover a vehicle or other item requiring a certificate of title. The principal must sign with two attesting witnesses and an acknowledgment or proof. If the principal becomes incapacitated, the agent cannot act until this power is recorded as a deed is recorded in the required county under S.C. Code Ann. § 62-8-109(c).
Principal and agent
I, [PRINCIPAL FULL LEGAL NAME], of [ADDRESS], appoint [AGENT FULL LEGAL NAME], of [ADDRESS], as my agent for the single sale stated below.
Authority for one sale
Item and identifying number: [DESCRIBE PERSONAL PROPERTY AND SERIAL OR IDENTIFICATION NUMBER]
Buyer: [BUYER'S FULL LEGAL NAME AND ADDRESS]
Minimum cash price payable to me: $[MINIMUM AMOUNT]
Payment method and place of deposit: [DESCRIBE]
Additional conditions: [LIST CONDITIONS OR WRITE NONE]
My agent may show the identified item to the named buyer, agree to a price no lower than the minimum, sign one bill of sale in my name, receive payment payable to me, deposit it as instructed above, deliver the item, and obtain a signed receipt. The agent may not change the buyer or item, sell on credit, or retain the proceeds. An unfilled buyer, item, or minimum-price field grants no power to choose it for me.
This form grants only these acts. It gives no authority to do all acts I could do and does not incorporate an entire general statutory subject.
Powers not granted
The agent may not make gifts; create or change a trust, beneficiary designation, or survivorship right; delegate authority; waive a survivor annuity; exercise delegable fiduciary powers; disclaim property or a beneficial interest; access my safe-deposit box; exercise a power of appointment; deal in commodity futures or stock options; borrow; convey land; make health-care decisions; or make or change my will. None of the twelve special authorities listed in S.C. Code Ann. § 62-8-201(a) is granted.
Effective period and recording after incapacity
This power takes effect when I execute it. It remains effective despite my later incapacity under S.C. Code Ann. § 62-8-104. It ends when this sale is completed or, if earlier, at [TIME] on [EXPIRATION DATE]. Death, revocation, and other events can end it sooner under S.C. Code Ann. § 62-8-110. It does not revoke an earlier power of attorney.
If I become incapacitated before the sale is completed, my agent must have this power recorded in the same manner as a deed in the county where I reside when it is recorded before exercising any authority. If I then reside outside South Carolina, it may be recorded in a county where I own property. Recordation may occur before or after incapacity, but there is no authority to act after incapacity and before recordation.
Agent's duties
If the agent acts, the agent must follow my reasonable expectations to the extent actually known and act in my best interest, act in good faith, and stay within this power. The agent shall preserve the bill of sale, ownership papers, payment proof, and receipt, and provide me copies on request.
Principal's signature and witness attestation
I sign this instrument on [__/__/____] at [CITY, SOUTH CAROLINA].
Principal's signature: ____________________________________
Printed name: [PRINCIPAL FULL LEGAL NAME]
Each witness signs after witnessing my signature or my acknowledgment of that signature.
Witness 1 signature: ____________________________________ Date: [__/__/____]
Witness 1 printed name and address: [________________________________]
Witness 2 signature: ____________________________________ Date: [__/__/____]
Witness 2 printed name and address: [________________________________]
Principal's acknowledgment
South Carolina, [COUNTY] County. I, [NOTARIAL OFFICER NAME AND TITLE], certify that [PRINCIPAL FULL LEGAL NAME] personally appeared before me this day and acknowledged the due execution of this instrument.
Witness my hand and official seal this [DAY] day of [MONTH, YEAR].
Signature of officer: ____________________________________ Official seal: [SEAL]
Commission expires: [__/__/____]
Agent's receipt
I have received this power and will act only as it permits.
Agent's signature: ____________________________________ Date: [__/__/____]
Sources and References
- South Carolina Legislature, Title 62, Chapter 8, § 62-2-502, and § 30-5-30.
About this template
- Last updated
- October 5, 2026
- Citations checked
- October 5, 2026
- Jurisdiction
- South Carolina
- Category
- Estate Planning & Wills
Legal authority
- S.C. Code Ann. § 62-8-104 (durability default)
- S.C. Code Ann. § 62-8-105 (execution and acknowledgment or proof)
- S.C. Code Ann. § 62-8-109(a), (c) (effectiveness and incapacity-recording gate)
- S.C. Code Ann. § 62-8-110(a), (f) (termination and earlier powers)
- S.C. Code Ann. § 62-8-114(a)-(b) (agent duties and records)
- S.C. Code Ann. § 62-8-201(a), (c) (special powers and all-acts general authority)
- S.C. Code Ann. § 62-2-502(3) (at least two attesting witnesses)
- S.C. Code Ann. § 30-5-30(C) (acknowledgment form)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 5, 2026.
S.C. Code Ann. § 62-8-104 (checked October 5, 2026): "A power of attorney created pursuant to this part after the effective date is durable unless it expressly provides that it is terminated by the incapacity of the principal."
S.C. Code Ann. § 62-8-105 (checked October 5, 2026): "A power of attorney must be: (1) signed by the principal or in the principal's presence by another individual directed by the principal to sign the principal's name on the power of attorney; (2) attested with the same formality and with the same requirements as to witnesses as a will in South Carolina; and (3) acknowledged or proved pursuant to Section 30-5-30."
S.C. Code Ann. § 62-8-109(a) (checked October 5, 2026): "a power of attorney is effective when executed pursuant to Sections 62-8-105 and 62-8-106 unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency."
S.C. Code Ann. § 62-8-109(c) (checked October 5, 2026): "After the principal's incapacity, an agent may exercise the authority granted unto the agent under the power of attorney only if the power of attorney has been recorded in the same manner as a deed in the county where the principal resides at the time the instrument is recorded."
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