Understanding Powers of Attorney in South Carolina
What Constitutes a Power of Attorney in South Carolina?
A Power of Attorney (POA) is a legal document that lets you appoint someone you trust—called your “agent” or “attorney-in-fact”—to handle your financial or legal affairs if you become unable to do so yourself. In South Carolina, POAs can cover a wide range of matters, from managing bank accounts and paying bills to buying or selling property.
When is a Power of Attorney Necessary in South Carolina?
A power of attorney is needed when you want to ensure someone can handle your affairs if you become unable to do so, such as during an illness, injury, or extended absence. Without a valid POA, your family may have to seek a court-appointed conservator to manage your finances—a process that can be costly, slow, and stressful.
Common situations where a POA is important:
- Planning for serious illness or future incapacity
- Going into surgery or a hospital stay
- Living abroad or traveling extensively
- Managing the affairs of an elderly loved one
Types of Power of Attorney in South Carolina
South Carolina has adopted the Uniform Power of Attorney Act, which governs how POAs are created, used, and terminated.
Durable (General) Power of Attorney
Remains in effect even if you become incapacitated. Used to manage finances, property, or business matters.
Limited or Specific Power of Attorney
Grants your agent authority for a specific task or time period (e.g., selling a house while you’re away).
Healthcare Power of Attorney
Lets you appoint someone to make medical decisions if you cannot communicate. This works together with your advance directives. Learn more about Healthcare Directives.
How is a Letter of Attorney Created in South Carolina?
To create a power of attorney in South Carolina, you must:
- Be at least 18 years old and of sound mind
- Clearly state the powers you want to grant
- Sign the document in front of two witnesses and a notary public
A POA can be customized to fit your needs—our attorney will guide you through the process to make sure your wishes are legally valid and up to date. Outdated forms or missing details can cause problems when the POA is needed.
Challenges to a POA in South Carolina
While POAs are powerful, they can sometimes be challenged or questioned by banks, family members, or others—especially if there are concerns about undue influence, fraud, or whether you were mentally competent when you signed the document. Working with an experienced attorney helps prevent these issues and provides a clear, trustworthy record of your wishes.