Documents that cover medical preparations seek to additionally summarize the wishes of the principal individual to confirm their preferences before a possible physical or mental incapacitation. The presented documents below can be utilized as needed for many situations where an attorney-in-fact is needed to manage limited or broad authority over bank accounts, real/personal property, child care, taxes, or legal matters.
Laws
Statutes – South Carolina Uniform Power of Attorney Act (§ 62-8)
Definition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used (§ 62-8-102(7)).
Signing Requirements – Notary presence be certified to attest to the signing and mental capacity of the involved participants. The state of South Carolina additionally requires that two (2) witnesses adequate per § 44-77-40(2) be present to view the execution of the agreement (§ 62-8-105(2)).
By Type (11)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Blends the components of the living will and medical power of attorney agreements to establish agency and preferences for a patient’s future health care treatment.
Download: PDF
Signing Requirements: Acknowledgement is obligated by both a notary public and two (2) allowable witnesses.
Durable (Financial) Power of Attorney – Empowers a designated agent to gain authority over another’s specified financial matters officially. The received permissions are deemed “durable”, or remaining in effect after the incapacitation of the issuing declarant.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by notary and two (2) acceptable witnesses required.
General (Financial) Power of Attorney – Puts forth an extension of rights for another person to manage financial areas in place of the owning entity.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement needed to authenticate all signatures from two (2) viable witnesses and one notary professional with current licensure.
Limited (Special) Power of Attorney – Gives powers to act, communicate and/or sign on behalf of another on a select few denoted financial areas.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement must be obtained with the aid of a notary and two (2) witnesses that are not related to the principal and do not stand to gain from the transaction.
Living Will – Summarizes the wishes of a person surrounding possible health care scenarios to be adhered to in the event of incapacitation.
Download: PDF
Signing Requirements: Acknowledgment necessary by the state of South Carolina dictates that there must be a notary and two (2) suitable witnesses present to receive all signatures.
Medical Power of Attorney – Designates an elected agent to determine the medical course of action for another should they succumb to a vegetative or other unconscious state.
Download: PDF
Signing Requirements: Acknowledgment by two (2) acceptable witnessing parties is required to confirm the execution of the commitment.
Minor Child Power of Attorney – Passes specified parental authorities concerning a minor to another representing adult for a provisional time span.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement requirements stipulate a notary must accompany two (2) witnesses to view the signing of the form.
Motor Vehicle Power of Attorney – Approves the conveyance of passed rights to speak and act on behalf of the vehicle owner in regard to the transactions related to the automobile.
Download: PDF
Signing Requirements: Acknowledgement by a licensed notary is mandated to verify the issuance controls.
Real Estate Power of Attorney – Releases allotted property ownership controls to another person for a temporary period.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment requirements stipulate a notary must accompany two (2) witnesses to view the signing of the form.
Revocation of Power of Attorney – Creates a nullification of a previously enacted POA arrangement.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement must be witnessed by two (2) outside parties approved by SC Code of Laws Unannotated § 62-8-105 and recorded by a duly appointed notary public.
Tax Power of Attorney – Supports the granting of representative permissions to an individual to cover tax matters on behalf of the principal taxpayer.
Download: PDF
Signing Requirements: Acknowledgement can be applied via endorsement from the identified taxpayer, their spouse (if applicable), and the designated attorney-in-fact.
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