Power of attorney guide
Power of Attorney in South Carolina
A South Carolina power of attorney must be signed before a notary and two witnesses. South Carolina publishes a statutory form (S.C. Code §62-8-301). An online notarization performed under another state's law is recognized in South Carolina.
South Carolina power of attorney at a glance
Notary
Required
Witnesses
2 witnesses
Online notarization
Accepted
Statutory form
S.C. Code §62-8-301
Financial (property) power of attorney under S.C. Code §62-8-101 et seq.. Health-care documents follow their own rule: see below. Checked 2026-10-17.
The South Carolina statutory form
South Carolina statutory form power of attorney : S.C. Code §62-8-301.
The statutory form is the one banks and recorders in South Carolina see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.
How to sign a power of attorney in South Carolina
A power of attorney must be signed by the principal and attested with the same formality as a deed, two witnesses and an acknowledgment before a notary (S.C. Code §62-8-105, §30-5-30).
Two witnesses plus the notary; the notary may be one of the witnesses.
Who may not witness
- The agent
Online notarization in South Carolina
South Carolina recognizes acknowledgments taken before a notary of another state (S.C. Code §30-5-30(C), §26-3-30) and its own remote notarization began in 2024.
Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for South Carolina signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; South Carolina honors it under the recognition rule above. Your witnesses can join the same session from anywhere in the United States. Details for this state are on the South Carolina online notarization requirements page.
Using it for real estate
A power of attorney used for a deed must be recorded with the register of deeds in the county where the land lies before or with the deed (S.C. Code §62-8-105(B)).
Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.
Medical power of attorney in South Carolina
A South Carolina health care power of attorney (S.C. Code §62-5-504) must be signed before two adult witnesses and a notary; the agent, relatives, heirs, the attending physician and facility employees may not witness.
What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.
Revoking a South Carolina power of attorney
Written revocation delivered to the agent; record it with the register of deeds if the power was recorded.
South Carolina power of attorney forms we index
Government forms in South Carolina that are powers of attorney: limited powers for permits, zoning and tax matters, and state-agency forms, each with the issuing office, the notary requirement and the PDF.
City and county forms
South Carolina power of attorney questions
- Does a power of attorney need to be notarized in South Carolina?
- A power of attorney must be signed by the principal and attested with the same formality as a deed, two witnesses and an acknowledgment before a notary (S.C. Code §62-8-105, §30-5-30).
- Does a South Carolina power of attorney need witnesses?
- Two witnesses plus the notary; the notary may be one of the witnesses. The agent may not witness.
- Can a South Carolina power of attorney be notarized online?
- South Carolina recognizes acknowledgments taken before a notary of another state (S.C. Code §30-5-30(C), §26-3-30) and its own remote notarization began in 2024.
- Is there an official South Carolina power of attorney form?
- Yes, the South Carolina statutory form power of attorney (S.C. Code §62-8-301).
- Does a power of attorney have to be recorded in South Carolina?
- Only when it is used to sign a deed, mortgage or other recorded instrument. A power of attorney used for a deed must be recorded with the register of deeds in the county where the land lies before or with the deed (S.C. Code §62-8-105(B)).
- How is a medical power of attorney signed in South Carolina?
- A South Carolina health care power of attorney (S.C. Code §62-5-504) must be signed before two adult witnesses and a notary; the agent, relatives, heirs, the attending physician and facility employees may not witness.
Types of power of attorney
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Medical power of attorney
Names someone to make health care decisions when you cannot. Witness rules vary by state.
Limited power of attorney
Authority for one task or one period: a closing, a permit, a vehicle sale, a trip abroad.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Springing power of attorney
Takes effect only when a stated event happens: usually a doctor's finding of incapacity.
Vehicle power of attorney
Lets someone title, register or sell a car for you. Most DMVs publish their own notarized form.
Real estate power of attorney
To buy, sell, mortgage or manage property. Must be notarized and is recorded with the deed.
Power of attorney for a minor child
Lets a grandparent, relative or friend care for your child and deal with schools and doctors while you are away.
Power of attorney for vital records
Lets an agent request a birth, death or marriage certificate for you where the state allows it.
Other states
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision. Confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.