SC · POA · Updated July 2026 · Free
South Carolina Power of Attorney
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South Carolina at a glance: Governing Law: S.C. Code § 62-8-101 et seq. (UPOAA) · Notarization: Required · Witnesses Required: 2 witnesses in addition to notary
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Overview
Powers of Attorney in South Carolina
South Carolina has adopted the Uniform Power of Attorney Act, codified in the South Carolina Code. South Carolina requires notarization and two witnesses for a valid financial POA.
A separate health care power of attorney is required for medical decisions in South Carolina.
Key Facts
South Carolina Power of Attorney — Quick Reference
| Requirement | South Carolina Rule |
|---|---|
| Governing Law | S.C. Code § 62-8-101 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses Required | 2 witnesses in addition to notary |
| Default Durability | Durable by default unless stated otherwise |
| Medical Decisions | Separate health care power of attorney required |
Legal Requirements
South Carolina Legal Requirements
- Must be signed by the principal, notarized, and witnessed by two adults.
- Durable by default under South Carolina's Uniform Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate health care power of attorney is needed for medical decisions.
Governing Laws
South Carolina Governing Laws
S.C. Code § 62-8-101 et seq.
Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in South Carolina, requiring notarization and two witnesses.
Read the full text of these laws at Cornell Law School's South Carolina legal resources or your state legislature's official website.
Questions & Answers
South Carolina Power of Attorney — Frequently Asked Questions
How many witnesses does a South Carolina POA need?
South Carolina requires two witnesses in addition to notarization.
Is a South Carolina POA durable by default?
Yes, under South Carolina's Uniform Power of Attorney Act, unless the document states otherwise.
Does a South Carolina POA cover healthcare decisions?
No. A separate health care power of attorney is required for medical decisions.