A South Carolina Power of Attorney provides a legal method by which an individual in South Carolina can appoint another person to act on their behalf in various circumstances as if the person appointed was the individual. There are a broad range of types of powers attorney. Some allow an individual to convey broad powers to another, while others are for more specific purposes. In each case, it is important to consider who will be the person that is appointed. Factors that should be considered include, integrity, reliability, availability and expertise.

Laws – Title 62, Article 5 (Protection of Persons Under Disability and Their Property)

All Types

Durable Power of Attorney – This form allows an individual to appoint a representative to represent them in financial matters for an extended period of time, including beyond the time when the person who has made the appointment can no longer make their own decisions.

General Power of Attorney – This form is similar to the durable form because it allows the individual to appoint a representative to represent them with their financial affairs, however, this appointment ends if the person making the appointment is deemed incapable of making his or her own decisions.

Limited Power of Attorney – This form is for appointing a person to handle an individual’s matters related to a temporary situation or limited transaction.

Medical (Health Care) Power of Attorney – This form allows an individual to appoint a loved one to be in charge of their health care in the event they cannot communicate their wishes.

Guardian of Minor Power of Attorney – This form allows an individual to appoint a caretaker or guardian to take care of their children for a temporary period of time.

Real Estate Power of Attorney – In accordance with § 62-5-708 an individual may create this document under a special jurisdiction to allow someone else the power to handle real property.

Revocation of Power of Attorney – This form is for use when you want to terminate a pre-existing power of attorney. Make sure that your agents know that you are canceling the POA.

Tax Power of Attorney (Form SC-2848) – This form allows an individual to appoint a person, often an accountant, to handle their tax matters with the tax authority.

Vehicle Power of Attorney – This form allows an individual to appoint another person to handle any matters relating to titling and registering that come before the South Carolina Department of Motor Vehicles.

How to Write

1 – The Authority Appointment Form Here Will Appoint An Agent With Principal Power

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2 – A Declaration Will Serve As The Introduction

Review this document in its entirety before filling it out. When you are ready to fill it out, turn your attention to the first paragraph. All the information requested by the first paragraph will need to be presented as accurately as possible, so the Principal Authority defined in this paperwork can be delivered to the Attorney-in-Fact. First, identify the Principal by documenting his or her Legal Name on the first blank line.  The following two empty lines will also request Principal Information. Supply the Principal Residential Address on the second blank line and his or her State of Residence on the next one.The last three empty lines in this introduction shall deal with the Attorney-in-Fact Information. His or her Name, Residential Street Address, and Residential State should be produced on the fourth, fifth, and sixth empty lines in this paragraph (in that order).

3 – Set The Start Date Of This Appointment

The Principal, or the individual granting his or her Authority, must initial one of the statements in the part of this document labeled “Effective Date.” Two options will be presented here so that an accurate description of the Principal’s determined Start Date can be properly documented.

The Principal should initial Choice A if he or she has decided the Attorney-in-Fact should be able to wield the assigned Principal Powers on the same Date the Principal signs this paperwork. If this is the case, the Agent will be able to wield Principal Power from the Start Date until the Principal revokes them or dies.If the Principal would like the Attorney-in-Fact’s Principal Power to begin only upon the event of the Principal being rendered disabled and declared unfit or unable to make his or her own decisions by the Principal’s Physician, then Choice B must be initialed (by the Principal).

4 – This Template Will Only Be Able To Deliver Approved Principal Powers To The Agent

The declaration statement at the beginning has identified all the concerned parties while the second part of this paperwork has set the Start Date to the proper event with Principal Approval. Now, it will be time for the Principal to directly address the exact nature of the Authority he or she is assigning to the Attorney-in-Fact. This can be done through some standard, but specific language, and Principal Approval. A list of paragraphs the Principal should review has been furnished. The Principal will need to initial each paragraph that contains the wording he or she wishes applied to the Principal Power the Attorney-in-Fact may wield.

The Principal can give the Agent named above the ability to engage in banking actions with financial institutions by initialing the blank line right before the first paragraph (labeled “Banking”). If the Principal does not wish to enable the Attorney-in-Fact to perform such actions, then he or she shouldn’t initial this paragraph. The ability and right to access the Principal’s Safe-Deposit boxes and control the contents of such can be granted to the Attorney-in-Fact when the Principal initials the second paragraph (“Safe-Deposit Boxes”).The Principal Powers and Authority to Lend and Borrow money as well as related actions will be appointed to the Attorney-in-Fact when the Principal initials the paragraph labeled “Lending And Borrowing.” If the Principal wishes the Attorney-in-Fact to represent his or her interests regarding with “Government Benefits” he or she should initial the blank line on the fourth paragraph.The Attorney-in-Fact can be assigned the Principal Authority required to use the Principal’s Name to open, turn-over, and/or maintain the any “Retirement Plan” when the Principal initials the fifth paragraph. It should be noted, however; the wording here will not allow the Agent to have the Principal Power to change a beneficiary of any Retirement Plan or IRA.Should the Principal require the Attorney-in-Fact to represent him or her with Tax Entities using Principal Authority, he or she will need to initial the “Taxes” paragraph. This will also give the Agent the Principal Power to sign and submit Tax documents on behalf of the Principal though, Tax entities such as the I.R.S. will have their own paperwork that must be satisfied as well.The Principal also has the option of granting the Agent or Attorney-in-Fact the Authority to handle his or her “Insurance” affairs when he or she initials the “Insurance” paragraph. It’s worth noting, this Principal Power will not include the ability to cash-in/change the beneficiary of any Life Insurance Policy. However, the Agent will be able to perform actions such as handling, maintaining, or purchasing a variety of Insurance Policies on behalf of the Principal (Car Insurance, Homeowner’s Insurance, Health Insurance, etc.)The Attorney-in-Fact named in this document can also be granted the Principal Authority to handle matters of “Real Estate” on behalf of the Principal if the Principal initials the blank line corresponding to the “Real Estate” paragraph. When the Principal initials this item he or she will enable to Agent to buy, purchase, lease, and/or perform a variety of actions (as defined here) with Real Estate using the Principal’s Name.The “Personal Property” paragraph supplies the language a Principal needs to appoint the Agent with the Principal Authority to represent the Principal in more personal matters. For instance, the Attorney-in-Fact may Convery stocks, state terms and conditions, make credit arrangements, or lease on behalf of the Principal. If the Principal intends to give such Authority he or she is encouraged to read this statement definition carefully before initialing it.The “Power To Manage Property” of the Principal can be assigned to the Attorney-in-Fact when the Principal initials the tenth paragraph statement.If the Principal intends the Agent to represent him or her when it comes to giving and receiving Gifts on behalf of the Principal (so long as it is legal and defined in the “Gifts” paragraph) then he or she must initial the eleventh paragraph.The last item on this list will allow the Agent to obtain Legal Advice for the Principal (including planning of payment) and to represent the Principal’s Interests in Administrative Proceedings. The Principal should initial the last item on this list to grant such Authority to the Agent.The above list of Powers seeks to supply the standard wording to grant Principal Powers in the subject matter named by the label. This can be quite useful, however, oftentimes, the Principal will wish to adjust the Powers he or she is granting by limitation or extension. Certain conditions may need to apply and sometimes the Principal may wish to impose restrictions on when some or any of these Powers are available and should be wielded by the Principal. Ultimately, such Principal Directives will need to be included in this document before the Principal signs, so they may be considered as part of the definition of Principal Powers delivered to the Agent. Record any such Principal Provisions or Instructions using the blank lines in the “Special Instructions” section.

5 – A Verified Principal Signature Serves As The Execution Tool Of This Document

To finalize this document, the Principal must enter the Date he or she is signing it as a two-digit calendar day, the month name, and two-digit year across the three blank lines in the statement beginning with the capitalized words “IN WITNESS WHEREOF…”As soon as the Principal records the current Date, he or she must sign the blank line under it.The Principal Signing must occur in the presence of Two Witnesses and a Notary Public. Each Witness should read the paragraph immediately after the Principal’s Signature then sign his or her name and enter his or her Address on the blank lines provided.The Notary Public will attend to the area directly under the Witness Signatures.The Attorney-in-Fact will have his or her own statement to sign as well. He or she should locate the “Specimen Signature And Acceptance Of Appointment” page. This statement should have the name of the Attorney-in-Fact printed on the first blank line. The Attorney-in-Fact must read this statement then sign it before a Notary Public. The blank line “Attorney-in-Fact’s Signature” has been provided for the Agent’s use.The Notary Public in attendance will notarize this document using the area beneath the Attorney-in-Fact’s Signature.