SOUTH CAROLINA LEGAL INFORMATION

• Notary: There is no requirement within the statutes that the signature of the principal upon a POA must be acknowledged by a notary; however, as a practical matter, all POAs that contemplate the agent acting on the principal's behalf in regard to real estate should be notarized. The standard MedLawPlus.comŽ POA form does have a signature block for the notary attestation.
  
• Witnesses: Two witnesses must attest to the signature of principal. Also, POA must be recorded in the same manner as a deed in the county where the principal resides at the time the instrument is recorded (see S.C. Probate Code Section 62-5-501(c) below).
  
• Signature of Agent: No requirement that the agent sign the POA; however, the standard MedLawPlus.comŽ POA form does have a signature block for the agent. It is a recommended practice to have the agent (also called "attorney-in-fact") sign the POA.
  
• South Carolina Statutes dealing with Powers of Attorney, See Section 62-5-501, et al.

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Selected South Carolina Statutes

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• SECTION 62-5-501
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  (C) A power of attorney executed under the provisions of this section must be executed and attested with the same formality and with the same requirements as to witnesses as a will. In addition, the instrument must be recorded in the same manner as a deed in the county where the principal resides at the time the instrument is recorded. After the instrument has been recorded, whether recorded before or after the onset of the principal's physical disability or mental incompetence, it is effective notwithstanding the mental incompetence or physical disability. If the authority of the attorney in fact relates solely to the person of the principal, the instrument is effective without being recorded. Link.

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