Fillable Form South Carolina Power of Attorney

What is the South Carolina Power of Attorney Form?

A South Carolina Power of Attorney is a legal document used by a person (hereafter referred to as the “principal”) to appoint another person (hereafter referred to as the “representative” or the “attorney-in-fact”) as their legal representative (referred to as giving them "attorney power" over certain decisions) that will act on their behalf in the event that they are unavailable for any reason.

Reasons for a principal’s inability to act or general absence may vary, though the most common tends to be due to illness or other, more pressing matters that they must attend to. Depending on the terms outlined in the Power of Attorney South Carolina document, the authority granted to the representative may or may not be dependent on the principal’s ability to make decisions with a clear mind and full awareness of what they are doing. In the event that the principal is unable to make their own decisions, a different representative may be appointed through a different document.

The terms within a Power of Attorney in South Carolina will also determine what kind of Power of Attorney document it will be considered as. For example, if the terms in the agreement state that the agreement will take effect after the document is signed, it will be considered a Durable Power of Attorney, while a power of attorney that comes into effect only in the event that the principal is incapacitated is considered a Springing Power of Attorney. Medical Power of Attorney documents also exist for the purpose of allowing a representative to make medical decisions on behalf of the principal.

Real estate transactions, other estate planning documents, legal proceedings, tax matters, federal taxes, medical related decisions, financial powers, and so on are all part of the responsibilities and decisions that the appointed representative may be given the power to do.

How do I fill out the South Carolina Power of Attorney Form?

You may find a fillable copy of the Power of Attorney form here. The South Carolina Power of Attorney Form is a very simple form to fill out. Make sure to save and download the file in PDF to ensure that all information entered remains intact regardless of how it is submitted or filed.

Make sure that all parties involved have read and agreed to all terms outlined in the Power of Attorney South Carolina Form to prevent any issues with the agreement’s execution.

Name of Principal

Enter the principal’s full legal name.

Address of Principal

Enter the principal’s street address, city, and state.

Attorney-in-Fact

Enter the attorney-in-fact’s full legal name

Address of Attorney-in-Fact

Enter the attorney-in-fact/agent's address, city, and state.

Name of Principal

Enter the principal’s full legal name.

Address of Principal

Enter the principal’s street address, city, and state.

Attorney-in-Fact

Enter the attorney-in-fact’s full legal name

Address of Attorney-in-Fact

Enter the attorney-in-fact’s street address, city, and state.

Powers

This section outlines the powers that the principal is granting to the attorney-in-fact as their appointed legal representative. The powers conferred to the attorney-in-fact are the following listed below. Check the box next to the power or powers that the principal is granting to the attorney-in-fact. Leave all other boxes blank.

Power to Make Payments or to Collect Monies Owed

The principal grants the attorney-in-fact the authority to make or collect any necessary payments on behalf of the principal.

Power to Acquire, Lease and Sell Personal Property

The principal grants the attorney-in-fact the authority to acquire, lease, and sell their personal property as they see fit, and perform any procedures and provide any documents involved in the sale or acquisition of such property as they deem necessary.

Power to Acquire, Lease, and Sell Real Property

The principal grants the attorney-in-fact the authority to acquire, lease, and sell their real property as they see fit, and perform any procedures and provide any documents involved in the sale or acquisition of such property as they deem necessary.

Management Powers

The principal grants the attorney-in-fact the authority to maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any other manner deal with real or personal property as they see fit.

Banking Powers

The principal grants the attorney-in-fact the authority to open and close accounts, make, receive, and endorse checks and drafts, and to deposit and withdraw funds as necessary.

Motor Vehicles

The principal grants the attorney-in-fact the authority to apply for a certificate of title upon, and endorse and transfer title thereto, for any vehicle, and to represent in any such transfer or assignment that the title to said motor vehicle is free and clear of all liens and encumbrances.

Tax Powers

The principal grants the attorney-in-fact the authority to act without restriction on their behalf on any matters regarding federal income taxes, state and local income taxes, estate, gift, and all other tax returns. They are also granted the power to amend the Internal Revenue Service form Power of Attorney as they see fit.

Safe-Deposit Boxes

The principal grants the attorney-in-fact the authority to have access at any time to any safe-deposit box rented by the principal or that the principal has access to.

Gift Making Powers

The principal grants the attorney-in-fact the authority to make gifts, grants, or other transfers without consideration, either outright or in trust to such person(s) or organizations as they select.

Lending and Borrowing

The principal grants the attorney-in-fact the authority to make loans and to borrow money in their name, individually or jointly with others, to give promissory notes or other obligations therefore, and to deposit or mortgage as collateral for security for the payment thereof any and all of the principal’s securities, real estate, personal property, or other property, as they see fit.

Contracts

The principal grants the attorney-in-fact the authority to enter into contracts of whatever nature or kind in their name.

Health Care

The principal grants the attorney-in-fact the authority to take any and all steps necessary to arrange for the principal’s admission into any type of health care facility, and to authorize the release of their medical records in their discretion.

Health Insurance Portability and Accountability Act

The principal grants the attorney-in-fact all the power and authority as their personal representative for all purposes of the Health Insurance Portability and Accountability Act (HIPAA).

Power to Hire and Pay for Services

The principal grants the attorney-in-fact the authority to retain such accountants, attorneys, social workers, consultants, clerks, employees, workers, or other persons as they deem appropriate and necessary in connection with the management of the principal’s property and affairs. The attorney-in-fact is also authorized to make payments from the principal’s assets for the fees of such employed persons.

Reimbursement of Attorney-in-Fact

The principal will reimburse the attorney-in-fact for any reasonable expenses incurred in connection with their services.

Power to Sue Third Parties Who Fail to Act Pursuant to Power of Attorney

The principal grants the attorney-in-fact the authority to sue any third party that refuses to recognize the attorney-in-fact’s authority to act on the principal’s behalf.

Other

Enter any other powers that the principal wishes to grant the attorney-in-fact.

Interpretation and Governing Law

This section declares that this document should be construed and interpreted as a general non-durable power of attorney, and that the general powers granted to the attorney-in-fact will not be affected by the powers granted to them as indicated above. The principal also directs that this document should be given full force and effect in any state or country in which they find themselves or in which the principal owns property. The attorney-in-fact is directed to not be required to give bond, and in the event that such bond is required by law and cannot be waived, that no sureties be required of them. Photocopies of this document will have the same power and effect as the original.

Effective Date and Termination

Enter the initials of the principal on one of the following that indicates when this document will become effective:

• Upon the date of this document with the principal’s authorization
• The following date (Enter the date in the space provided)

Then enter the initials of the principal on one of the following that indicates when this document will be terminated (cease to take effect):

• On the following date (Enter the date in the space provided)
• When the principal makes a written revocation
• When and if the principal becomes incapacitated and unable to make decisions as determined by a physician.

Third Party Reliance

This section declares that no third party that acts in reliance upon the representations of the attorney-in-fact or the authority granted by this document will incur any liability to the principal or the estate as a result of such actions. The principal hereby ratifies and confirms anything that the attorney-in-fact lawfully does under this document.

Date of Execution or Filing

Enter the date that this document was filed or executed.

Principal Printed Name

Have the principal enter their name on the space provided.

Principal Signature

Have the principal sign the form in the space provided.

Acceptance of Appointment

Enter the name of the attorney-in-fact appointed through this document.

Attorney-in-Fact Printed Name

Have the attorney-in-fact enter their name on the space provided.

Attorney-in-Fact Signature

Have the attorney-in-fact sign the form in the space provided.

Witness

The signing of the South Carolina Power of Attorney Letter must be witnessed by at least two disinterested parties.

Witness Signature

Have the witnesses sign the form in the spaces provided.

Witness Address

Enter the address of each witness in the spaces provided.

Acknowledgement of Notary Public

County

Enter the name of the country that this document is being notarized in.

Date

Enter the date that this document was notarized.

Principal Name

Enter the name of the principal.

Notary Public

Have the notary sign or stamp the form in the space provided.

Commission Expiry

Enter the date that the notary’s commission expires.

Frequently Asked Questions (FAQs)

Can a Power of Attorney form in South Carolina be customized to fit the specific needs of the principal?

Yes, South Carolina allows for customization of Power of Attorney forms to address the unique circumstances and preferences of the principal.

Are there limitations on the powers that can be granted through a Power of Attorney form in South Carolina?

Yes, South Carolina law imposes limitations on the powers that can be granted, and any powers beyond those limitations may be considered invalid.

Can a Power of Attorney form in South Carolina be revoked by the principal?

Yes, the principal has the right to revoke a Power of Attorney form at any time, as long as they are mentally competent to do so.

What is the process for revoking a Power of Attorney form in South Carolina?

The principal can revoke a Power of Attorney form by executing a written revocation document and providing copies to relevant parties, including the agent and financial institutions.

Are there specific guidelines for selecting an agent in a Power of Attorney form in South Carolina?

Not exactly. South Carolina recommends selecting an agent who is trustworthy, reliable, and capable of acting in the best interests of the principal, but the choice is ultimately the principal’s to make.

Is there a difference between a General Power of Attorney and a Durable Power of Attorney in South Carolina?

Yes, a General Power of Attorney grants broad powers to the agent but may become invalid if the principal becomes incapacitated. In contrast, a Durable Power of Attorney remains valid even if the principal becomes incapacitated.

What legal safeguards are in place to prevent abuse of authority by an agent appointed through a Power of Attorney form in South Carolina?

South Carolina law requires agents to act in the best interests of the principal and provides avenues for legal recourse if abuse of authority is suspected, including revocation of the Power of Attorney and potential civil or criminal penalties.

Can a Power of Attorney form in South Carolina be used to access government benefits on behalf of the principal?

Yes, a Power of Attorney form in South Carolina can grant authority to the agent to access government benefits and manage related affairs on behalf of the principal.

Are there specific requirements for updating a Power of Attorney form in South Carolina?

South Carolina recommends reviewing and updating Power of Attorney forms periodically to ensure they accurately reflect the principal's wishes and current circumstances.

How does South Carolina law handle situations where there is disagreement or conflict among co-agents appointed in a Power of Attorney form?

South Carolina law allows co-agents appointed in a Power of Attorney form to act independently unless the document specifies otherwise. If conflicts arise, the co-agents may need to seek resolution through mediation, arbitration, or court intervention.