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Free South Carolina Real Estate Power of Attorney Form Template

A South Carolina real estate power of attorney form lets someone handle property matters for you. Complete it with our step-by-step questionnaire, then sign with witnesses and a notary.

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What Is a Real Estate Power of Attorney in South Carolina?

A South Carolina real estate power of attorney form appoints an agent to handle real property for you. The South Carolina Uniform Power of Attorney Act, Article 8 of Title 62, took effect January 1, 2017, and governs it.

South Carolina Requirements for a Real Estate Power of Attorney

Section 62-8-105 sets three execution requirements.

Signed

The principal signs, or another person signs in the principal’s presence at their direction.

Witnessed Like a Will

Witnesses must attest it with the same formality and the same witness requirements as a will in South Carolina.

Acknowledged or Proved

It must be acknowledged or proved under section 30-5-30, the state’s acknowledgment and probate statute.

Recorded Before Use After Incapacity

Under section 62-8-109(c), after the principal becomes incapacitated, the agent may exercise authority only if the power has been recorded in the same manner as a deed in the county where the principal resides.

Execution Supports Recording

The official comment to section 62-8-105 notes that these execution requirements are also necessary to create a power of attorney that may be recorded under section 62-8-109(c).

Does a South Carolina Real Estate Power of Attorney Form Need Witnesses and a Notary?

Yes. Section 62-8-105 requires attestation with the same witness requirements as a South Carolina will, plus acknowledgment or proof under section 30-5-30.

Both are required. One doesn’t replace the other.

Tip: If your South Carolina real estate power of attorney form may be used after you become incapacitated, plan to record it like a deed in your county of residence.

How to Complete a South Carolina Real Estate Power of Attorney Form

Plan the signing with everyone present:

  1. Name yourself as principal and your agent.
  2. Identify the property and the powers you grant.
  3. List any limits on the agent’s powers.
  4. Sign before your witnesses, who attest as for a will.
  5. Acknowledge it before a notary, or have it proved.
  6. Record it like a deed if it will be used after incapacity.

What to Include in a South Carolina Real Estate Power of Attorney Form

Cover these points:

  • Principal’s and agent’s names
  • The property and the powers granted
  • Any limits on the agent’s powers
  • Principal’s signature and witness attestations
  • A notary’s acknowledgment or proof

Document Genius’s step-by-step questionnaire covers each item. Your South Carolina real estate power of attorney form is ready to sign in minutes.