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South Carolina Springing Power of Attorney

A South Carolina springing power of attorney is used by an individual (the principal) to assign legal authority to another person (an agent) so that they may manage specified elements of the principal's personal affairs. This type of POA is typically used in cases where the principal is unable to manage their own affairs.

Updated June 28, 2024

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Permitted in South Carolina?

Yes, a power of attorney may be written so that it does not become effective until a later date or on the occurrence of a specified future event, like the principal’s incapacity.[1]

Signing Requirements

Must be signed by the principal (or by another individual on behalf of the principal at their direction) before a notary public and two witnesses.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]