Updated August 3, 2026. Quick answer: A power of attorney must be signed by the principal, attested with the same formality and witness requirements as a South Carolina will (i.e., at least two witnesses per § 62-2-502), and acknowledged/proved per § 30-5-30.. This state has no statutory form. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | A power of attorney must be signed by the principal, attested with the same formality and witness requirements as a South Carolina will (i.e., at least two witnesses per § 62-2-502), and acknowledged/proved per § 30-5-30. |
| Statutory form | No |
| Durability | Durable by default |
| Who may not witness | none stated specifically for POA witnesses in § 62-8-105; the incorporated will-execution rule (§ 62-2-504) does not disqualify an ‘interested’ witness from attesting — it only limits that witness’s own devise under a will if fewer than two disinterested witnesses exist, a rule not obviously transferable to the POA context. |
| Agent must accept in writing | No |
| Statute | S.C. Code Ann. §§ 62-8-101 et seq. (South Carolina Uniform Power of Attorney Act, Probate Code Title 62, Article 8) |
What decides whether the document is valid
A power of attorney must be signed by the principal, attested with the same formality and witness requirements as a South Carolina will (i.e., at least two witnesses per § 62-2-502), and acknowledged/proved per § 30-5-30. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: none stated specifically for POA witnesses in § 62-8-105; the incorporated will-execution rule (§ 62-2-504) does not disqualify an ‘interested’ witness from attesting — it only limits that witness’s own devise under a will if fewer than two disinterested witnesses exist, a rule not obviously transferable to the POA context. This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
There is no statutory form
South Carolina does not put a form in its statute, so there is nothing official to copy. The requirements above still govern whatever document you use.
Durability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
South Carolina addresses this by statute: Yes — S.C. Code Ann. § 62-8-120: a person presented with an acknowledged power of attorney must accept it (or request a certification/translation/opinion of counsel) within 7 business days, and if such a request is made, must accept within 5 business days of receiving it; a person may not demand a different POA form. Wrongful refusal (subject to listed exceptions, e.g. good-faith belief of invalidity, actual knowledge of termination) exposes the refusing party to a court order compelling acceptance and liability for reasonable attorney’s fees and costs.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
This state has no statutory form to copy, which is the case where a drafted document earns its keep. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. Where the estate is complex or a dispute is likely, see a lawyer instead.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.