South Carolina Power of Attorney Form

Authorize someone you trust to act on your behalf. Fill in the details below and download a print-ready PDF. Free, no signup — but read the signing rules below, because a POA usually must be notarized.

Reflects current South Carolina rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

Using a power of attorney in South Carolina

How South Carolina’s statute treats durability, statutory forms, real estate, and revocation — with the section each rule comes from.

Uniform act. South Carolina has adopted the Uniform Power of Attorney Act, so its rules on agent duties and third-party acceptance follow the national model. — S.C. Code Ann. § 62-8-101 (2016 Act No. 279, eff. Jan. 1, 2017) ↗
Durable by default. In South Carolina a power of attorney stays effective if you become incapacitated unless the document says otherwise. — S.C. Code Ann. § 62-8-104 (2016 Act No. 279, eff. Jan. 1, 2017) ↗
Real estate. Not real-estate-specific but broader: after the principal's incapacity the agent may act ONLY if the POA has been recorded like a deed in the county where the principal resides (or where property is located if principal resides out of state); § 62-8-109(c). — S.C. Code Ann. § 62-8-109(c) (2016 Act No. 279, eff. Jan. 1, 2017) ↗
Agent’s certification. Agent's Certification as to the Validity of Power of Attorney and Agent's Authority, § 62-8-119(f) (optional form) — S.C. Code Ann. § 62-8-119(f) (2016 Act No. 279) ↗
Revoking it. Unless the POA says otherwise, a revocation must be executed with the same formalities as a POA (§§ 62-8-105, 62-8-106) and, if the POA was recorded, the revocation must also be recorded in the same county (§ 62-8-110(g)). — S.C. Code Ann. § 62-8-110(g) (2016 Act No. 279, eff. Jan. 1, 2017) ↗

Each point links to the South Carolina source it was taken from. Rules change; confirm before relying on them.

South Carolina signing rules · as of 2026

Notarization: Required
Witnesses: 2 witnesses
Official state form: No

Source: S.C. Code §62-8-105 · verify ↗. A POA gives real authority over your money — sign it before a notary (and witnesses where required), and take advice for high-value or health-care matters.

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What a South Carolina power of attorney does

It lets your chosen agent step into your shoes for the tasks you allow — paying bills, managing bank accounts, handling real estate or taxes — which is invaluable if you travel, deploy, or want a plan in case of illness. You stay in control: you decide the powers, whether it’s durable, and you can revoke it anytime.

If your agent will sign a deed for you, the deed itself still has to meet South Carolina’s rules for signing and recording — the South Carolina quitclaim deed page lists them, with the statute.

Signing it correctly in South Carolina

A POA only works if institutions accept it, which is why the signing formalities matter. Get it notarized, add witnesses if South Carolina requires them, and check whether your state has a statutory form banks prefer. See the current South Carolina power-of-attorney requirements.

Frequently asked questions

Does a South Carolina power of attorney have to be notarized?

Yes — in South Carolina, a financial power of attorney must be notarized to be valid, and it requires 2 witnesses (as of 2026). Source: S.C. Code §62-8-105.

What powers can I give my agent?

You can grant broad authority (banking, real estate, bills, taxes, insurance) or limit it to specific tasks. List exactly what you want your agent to handle in the “powers” field. Some acts (like real estate) may need extra formalities to be recorded in South Carolina.

Is a power of attorney durable by default in South Carolina?

Yes. In South Carolina a power of attorney stays effective if the principal becomes incapacitated unless the document says otherwise. Source: S.C. Code Ann. § 62-8-104 (2016 Act No. 279, eff. Jan. 1, 2017).

How do I revoke a power of attorney in South Carolina?

Unless the POA says otherwise, a revocation must be executed with the same formalities as a POA (§§ 62-8-105, 62-8-106) and, if the POA was recorded, the revocation must also be recorded in the same county (§ 62-8-110(g)). Source: S.C. Code Ann. § 62-8-110(g) (2016 Act No. 279, eff. Jan. 1, 2017).

How does South Carolina compare? See the notary and witness rules in all 50 states, every rule cited to statute.

How South Carolina compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for South Carolina: S.C. Code §62-8-105 ↗.

South Carolina is one of 30 of 51 jurisdictions that require notarization (20 recommend (but do not require) notarization; 1 do not require notarization).
South Carolina is one of 16 of 51 jurisdictions that have no statutory form (35 publish a statutory form in the code).

Witnesses required

Witnesses required: 2 — about Infinity× the national median of 0 across the 51 states with a statutory rule.

This is the most common figure nationally — shared by 5 other states.

Witnesses required in neighboring states — Georgia (1), North Carolina (0). South Carolina's 2 is the longest among its neighbors.

The rest of what South Carolina requires

The figures below are South Carolina's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full South Carolina page for that document.

Security deposit cap · as of 2026: No statutory limit S.C. Code §27-40-410 ↗
Deposit return deadline · as of 2026: 30 days after move-out S.C. Code §27-40-410 ↗
Notice to end a month-to-month tenancy · as of 2026: 30 days S.C. Code §27-40-410 ↗
Notice for unpaid rent · as of 2026: 5 days to pay or quit S.C. Code § 27-40-710; § 27-40-770 ↗
Notice to cure a lease violation · as of 2026: 14 days S.C. Code § 27-40-710; § 27-40-770 ↗
Small claims limit · as of 2026: $7,500 S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees) ↗
Where you file · as of 2026: Magistrates Court (commonly called small claims court) · filing fee About $80 total in most counties (e.g., Beaufort County Magistrate: $80 including a $10 service fee, +$10 per additional defendant). The statutory base is $45 for summons and judgment under S.C. Code § 8-21-1010(A)(6), with county-collected surcharges making up the difference. S.C. Code Ann. § 22-3-10 (jurisdiction); § 8-21-1010 (fees) ↗
Rental application fee · as of July 2026: No statutory limit South Carolina Code ↗
Bill of sale notarization · as of 2026: Not required South Carolina SCDMV (Form 4031) ↗
LLC operating agreement · as of 2026: Not required by statute, but it controls over the default rules S.C. Code Ann. § 33-44-103 ↗
Recording a deed · as of 2026: Register of Deeds (in some counties the Clerk of Court performs the register's recording duties) — S.C. Code § 30-5-30 / Title 30 · 2 witnesses S.C. Code §§ 27-7-10, 30-5-30 ↗

Power of attorney in other states

More South Carolina legal forms

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