What the rule says
South Carolina adopted the Uniform Power of Attorney Act effective January 1, 2017, codified at S.C. Code Ann. § 62-8-101 et seq.
Default durability
A South Carolina POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under S.C. Code Ann. § 62-8-201, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
South Carolina law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid South Carolina POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare power of attorney is separate
South Carolina separates property and healthcare frameworks. Healthcare decisions require a separate South Carolina Health Care Power of Attorney under S.C. Code Ann. § 62-5-501 et seq.
What happens without a POA
If a South Carolina resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship under S.C. Code Ann. § 62-5-301 et seq.
What you can do about it
For South Carolina residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Health Care Power of Attorney. - Update older POAs.
Who this affects most
South Carolina's POA framework is most consequential for South Carolina adults without executed POAs and households with older POAs that may not benefit from the current framework.