Power of Attorney in South Carolina

Under South Carolina's Uniform Power of Attorney Act, a power of attorney must be signed by the principal, witnessed with the same formality as a will (two witnesses), and acknowledged or proved like a deed. It is durable unless it says it ends on incapacity. For an agent to act after the principal becomes incapacitated, the power of attorney must be recorded like a deed in the county where the principal lives. The Act does not set out a statutory form for creating the power of attorney.

A health care power of attorney must be dated and signed by the principal and by at least two witnesses who meet the qualification rules (for example, not certain relatives, not the attending physician or that physician's employee, not financially responsible for the principal's care, and no more than one employee of the treating facility). A statutory form is provided. A separate living will (Declaration of a Desire for a Natural Death) is made under the Death with Dignity Act, Title 44, Chapter 77.

South Carolina's Uniform Power of Attorney Act (S.C. Code Title 62, Article 8) does not include a statutory financial power of attorney form; it provides only an optional form an agent may use to certify facts about a power of attorney (62-8-119(f)). A power of attorney must be signed by the principal (or by another person in the principal's presence at the principal's direction), attested with the same formalities and witness requirements as a will in South Carolina, and acknowledged or proved under Section 30-5-30 (62-8-105). For health care, the Probate Code sets out a "Health Care Power of Attorney (S.C. Statutory Form)"; documents executed on or after January 1, 2007 must be substantially in that form. It is not valid unless two persons sign as witnesses who saw the principal sign or acknowledge the signature. Witnesses cannot include the principal's spouse, close relatives and their spouses, anyone financially responsible for the principal's medical care, heirs or will and life insurance beneficiaries, the named agents, the principal's physician or the physician's employees, or anyone with a claim against the estate; if the principal is a patient in a health facility, no more than one witness may be a facility employee. Notarization of the health care form is optional.