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South Carolina Power of Attorney

A South Carolina Power of Attorney (PoA) is a legal document that grants a selected person or organization the authority to handle your finances, such as accessing your bank account(s), buying or... Read more

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Making a South Carolina Power of Attorney

  • What is a South Carolina Power of Attorney?

    A South Carolina Power of Attorney (PoA) is a legal document that grants a selected person or organization the authority to handle your finances, such as accessing your bank account(s), buying or selling property, and signing contracts.

    The person granting control is known as the "principal," while the people or organizations obtaining powers are called the "agents." Designed for South Carolina residents, our Power of Attorney can be used in Charleston County, Greenville County, Richland County, and in every other part of the state. All South Carolina PoA forms from Rocket Lawyer can be edited to address your particular situation. As a result of this document, your agent will be able to provide proof to financial institutions and other parties that they can sign documents or take other actions for you.

  • How do I get a South Carolina Power of Attorney template online for free?

    It's very simple to grant or obtain the support you might need using a free South Carolina Power of Attorney template from Rocket Lawyer:

    1. Make your PoA - Answer a few simple questions and we will do the rest
    2. Send or share - Go over the document with your agent(s) or ask a legal question
    3. Sign and make it legal - Required or not, notarization/witnesses are recommended

    This route is, in most cases, much less expensive than working with a traditional attorney. If necessary, you may prepare a PoA on behalf of your spouse or another family member, and then help that person sign it once you've drafted it. Keep in mind that for this document to be accepted as valid, the principal must be an adult who is mentally competent at the time of signing. In the event that the principal has already been declared legally incompetent, a conservatorship generally will be necessary. In such a scenario, it would be a good idea to connect with a lawyer.

  • Why should I have a South Carolina PoA?

    Every person over 18 ought to have a Power of Attorney. Even though it is difficult to acknowledge, a time might come when you are no longer able to make your own decisions. There may also be moments when you're merely out of reach. Here are a few typical situations where you might consider power of attorney to be useful:

    • You are preparing to move out of your home and into a community care facility
    • You currently live abroad or out of state
    • You wish to give someone power to handle specific legal or financial matters in your absence or if you are unwell
    • You are getting older or have limited mobility or declining health

    Whether your South Carolina Power of Attorney is being made in response to an unexpected issue or as part of a forward-looking plan, witnesses and notarization are strongly encouraged as a best practice for protecting your document if its validity is doubted by a third party.

  • What are the different types of Power of Attorney forms used in South Carolina?

    There are a few ways to categorize Power of Attorney documents. They are primarily dependent on when the powers will come into effect, how long they are valid, and what they offer authority over. Often, you may see them organized into four groups:

    • Durable Power of Attorney - Will remain valid even when you become mentally incompetent or incapacitated
    • Springing Power of Attorney - Will be activated based on certain guidelines
    • General Power of Attorney - Will grant broad powers over your affairs
    • Special Power of Attorney - Will grant limited authority over specified affairs

    When making your free South Carolina Power of Attorney with Rocket Lawyer, you may choose to have the authority start on a desired day, immediately, or only at the point when you are no longer capable. The Power of Attorney can terminate when you pass away or on a particular date.

  • Should I work with an attorney to review my South Carolina PoA?

    South Carolina Power of Attorney forms are normally straightforward; however, you could still have questions. Hiring a lawyer to comment on your South Carolina Power of Attorney can be time-consuming and relatively costly. A more cost-effective alternative is to go through Rocket Lawyer attorney services. When you sign up for a Premium membership, you can have your documents examined by an On Call attorney with relevant experience. You can rest assured that Rocket Lawyer is here for you.

  • How much might I normally pay for an attorney to help me get a Power of Attorney form in South Carolina?

    The cost of finding and working with a conventional lawyer to write a Power of Attorney could be anywhere between $200 and $500, based on your location. Unlike many other websites you may come across, Rocket Lawyer offers more than a Power of Attorney template. If you ever require assistance from a lawyer, your Premium membership provides up to 40% in savings when you hire an On Call attorney.

  • Would I need to do anything else after I draft a South Carolina Power of Attorney?

    With a membership, you can make edits, download it as a Word document or PDF file, and print it out. In order to make your Power of Attorney legally binding, you will need to sign it. You should give a final copy of your fully signed document to your agent(s) and financial institutions.

  • Does a Power of Attorney need to be notarized, witnessed, or recorded in South Carolina?

    The specific requirements and restrictions for PoA forms will vary in each state; however, in South Carolina, your Power of Attorney will require notarization and the signatures of two witnesses. If your agent will manage real estate transactions, the Power of Attorney must be notarized and recorded with your county. Finally, as a general rule, witnesses will need to not be under 18 years old, and no witness should also be your PoA agent.

    See South Carolina Power of Attorney law: Title 62, Article 8

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