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The South Carolina Minor Child Power of Attorney is a concrete legal form designed to apportion rights from the parent of a child to an alternate adult for an interim period. Situations that may necessitate this type of agreement would be if the parent could not be with the minor due to short-term circumstances related to employment obligations, imprisonment, or severe health issues. The contract can be amended to reflect the desired authorities to be granted and the amount of time they will be permitted. The privileges allotted can allow the instated individual to sign and care for the child during the absence of the parent or parents. South Carolina’s legislation limits minor POA arrangements to a maximum issuance of sixty (60) days. Longer-term measures will require the parent(s) to submit a Special Power of Attorney Delegating Powers of Guardian within the state court system for approval.

Laws

Statute – South Carolina Protected Persons Under Disability and Their Property (§ 62-5)

Definition – “Guardian” means a person appointed by the court as guardian, but excludes one who is a guardian ad litem. A guardian shall make decisions regarding the ward’s health, education, maintenance, and support (§ 62-5-101(9)).

Signing Requirements – State regulation mandates that the form be signed by the necessary parties before a notary to legalize the contract (§ 62-8-105(2)).