Power of Attorney Form for South Carolina

SOUTH CAROLINA DURABLE STATUTORY POWER OF ATTORNEY

DOCUMENT CONTROL INFORMATION

• Document ID: POA-SC-2024-INST-001
• Effective Date: [Effective Date]
• Governing Jurisdiction: State of South Carolina
• Version: 1.0.1 (Institutional Grade)
• Status: Final Execution Draft

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1. STATUTORY AND LEGAL COMPLIANCE NOTICE

NOTICE TO THE PRINCIPAL: This is an important legal document. It provides the person you designate (your Agent) with broad powers to handle your property, which may include powers to sell or otherwise dispose of any real or personal property without advance notice to you or approval by you. These powers will continue to exist even after you become incapacitated, unless otherwise stated. You have the right to revoke this Power of Attorney at any time.

NOTICE TO THE AGENT: By accepting or acting under this appointment, you assume the fiduciary and other legal responsibilities of an Agent. These duties include the duty to act in good faith, the duty of loyalty, and the duty to act only within the scope of authority granted. This document is governed by the South Carolina Uniform Power of Attorney Act (S.C. Code Ann. § 62-8-101 et seq.).

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2. IDENTIFICATION OF PARTIES

PRINCIPAL: [Principal Full Legal Name] [Principal Residential Address] [City, State, Zip]

AGENT (ATTORNEY-IN-FACT): [Agent Full Legal Name] [Agent Primary Address] [City, State, Zip]

SUCCESSOR AGENT (Optional): [Successor Agent Full Legal Name] [Successor Agent Address] [City, State, Zip]

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3. RECITALS AND DURABILITY PROVISION

3.1 DURABILITY. This Power of Attorney shall not be affected by the subsequent disability or incapacity of the Principal. It is the Principal’s intent that this instrument comply with the South Carolina Uniform Power of Attorney Act and remain in full force and effect until revoked by the Principal or terminated by law.

3.2 RELIANCE. Any third party who receives a copy of this document may rely upon and act under it. Revocation of the Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation.

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4. EXHAUSTIVE OPERATIVE CLAUSES

4.1 SCOPE OF AUTHORITY & GENERAL GRANT

The Principal hereby grants to the Agent full power and authority to exercise or perform any act, duty, right, or obligation whatsoever that the Principal now has or may hereafter acquire the legal right, power, or capacity to exercise or perform relative to any person, item, user account, property (real or personal), or business interest. This grant includes, but is not limited to, the following statutory powers:

• Real Property: Authority to buy, sell, lease, mortgage, or manage real estate.
• Financial Institutions: Authority to conduct banking, investment, and brokerage transactions.
• Business Operations: Authority to exercise all rights with respect to business interests, including voting shares, entering partnerships, and executing corporate resolutions.
• Taxes: Authority to prepare, sign, and file all federal, state, and local tax returns and represent the Principal before the IRS or South Carolina Department of Revenue.

4.2 COMPENSATION AND REIMBURSEMENT

4.2.1 Compensation: The Agent shall be entitled to [Reasonable Compensation / Fixed Amount of $Amount in USD per month] for services rendered under this agreement. 4.2.2 Reimbursement: The Agent is entitled to reimbursement of all reasonable, documented expenses actually incurred on behalf of the Principal. 4.2.3 Payment Terms: Compensation shall be paid [Monthly/Quarterly] from the Principal’s liquid assets. Any late payments shall accrue interest at a rate of [Percentage]% per annum, or the maximum rate allowed by South Carolina law.

4.3 INTELLECTUAL PROPERTY AND WORK PRODUCT

To the extent the Agent creates, modifies, or manages any intellectual property (IP) on behalf of the Principal or using the Principal's assets, all such IP shall be considered a "Work Made for Hire" as defined under 17 U.S.C. § 101. The Principal shall own all right, title, and interest in and to such IP. The Agent hereby irrevocably assigns any residual rights in such IP to the Principal.

4.4 MUTUAL CONFIDENTIALITY

The Agent shall maintain the absolute confidentiality of the Principal’s financial, personal, and medical information. The Agent shall not disclose "Confidential Information" to any third party except as strictly necessary to execute the powers granted herein or as required by law. This obligation survives the termination of this Power of Attorney.

4.5 TERM AND TERMINATION

4.5.1 Term: This Power of Attorney commences on the [Effective Date] and continues until the death of the Principal or earlier revocation. 4.5.2 Revocation for Convenience: The Principal may revoke this instrument at any time by providing written notice to the Agent and recording a Revocation in the County Clerk’s Office where this POA was recorded. 4.5.3 Termination for Breach: This authority terminates immediately upon the Agent’s conviction of a felony or a judicial finding of the Agent’s breach of fiduciary duty.

4.6 REPRESENTATIONS AND WARRANTIES

The Principal represents and warrants that they are of sound mind, under no duress or undue influence, and have the full legal capacity to execute this instrument. The Agent, by signing or acting hereunder, warrants that they are not currently a debtor in a bankruptcy proceeding and have not been convicted of a crime involving fraud or dishonesty.

4.7 LIMITATION OF LIABILITY AND INDEMNIFICATION

4.7.1 Limitation: The Agent shall not be liable for any loss to the Principal’s estate unless such loss results from the Agent’s gross negligence, willful misconduct, or fraud. 4.7.2 Indemnification: The Principal’s estate shall indemnify, defend, and hold harmless the Agent from and against any and all claims, costs, or liabilities (including reasonable attorney’s fees) arising from the Agent’s performance of duties, provided the Agent acted in good faith and within the scope of authority.

4.8 DISPUTE RESOLUTION AND ARBITRATION

Any dispute, claim, or controversy arising out of or relating to this Power of Attorney shall be settled by binding arbitration in [County Name], South Carolina, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

4.9 GOVERNING LAW AND JURISDICTION

This instrument shall be governed by, construed, and enforced in accordance with the laws of the State of South Carolina, without regard to its conflict of laws principles.

4.10 SEVERABILITY AND COUNTERPARTS

If any provision of this document is held invalid or unenforceable, the remaining provisions shall remain in full force. This document may be executed in counterparts, and digital signatures (DocuSign/Adobe Sign) shall be deemed as original for all purposes.

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5. EXECUTION AND FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the Principal has executed this Power of Attorney on the date set forth below.

FOR THE PRINCIPAL: Signature: _____________________________________ Printed Name: [Principal Full Legal Name] Date: [Date]

WITNESS ATTESTATION: The foregoing instrument was signed in our presence by the Principal and we, at the Principal’s request and in the Principal’s presence, and in the presence of each other, have hereunto subscribed our names as witnesses.

Witness 1: Signature: _____________________________________ Printed Name: [Witness 1 Name] Address: [Witness 1 Address]

Witness 2: Signature: _____________________________________ Printed Name: [Witness 2 Name] Address: [Witness 2 Address]

NOTARY ACKNOWLEDGMENT: STATE OF SOUTH CAROLINA COUNTY OF [County Name]

The foregoing instrument was acknowledged before me this ____ day of ________, 20, by [Principal Full Legal Name].

Signature of Notary Public: _____________________________________ Printed Name of Notary: _____________________________________ My Commission Expires: _____________________________________ (Seal)

FOR THE AGENT (ACCEPTANCE OF APPOINTMENT): Signature: _____________________________________ Printed Name: [Agent Full Legal Name] Title: Agent / Attorney-in-Fact Date: [Date]

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6. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Field Completion: Open the document in Microsoft Word or Google Docs. Replace all bracketed text [...] with the specific details of the parties. Ensure the "Amount in USD" for compensation is clearly defined or marked "None/Waived."
2. Verify Capacity: Ensure the Principal is of sound mind at the moment of signing.
3. Witnessing Requirements: South Carolina law requires two witnesses to be present for the signing. These witnesses should not be the Agent, the Successor Agent, or the Notary.
4. Notarization: Take the completed document to a South Carolina Notary Public. The Principal must sign in the presence of both the witnesses and the Notary.
5. Agent Signature: While the Agent does not strictly have to sign at the same time as the Principal, the "Acceptance of Appointment" section should be signed before the Agent exercises any power.
6. Recording (Critical): If the Agent is intended to handle Real Estate transactions, this Power of Attorney MUST be recorded in the Office of the Register of Deeds/Clerk of Court in the county where the property is located (S.C. Code Ann. § 62-8-106).
7. Digital Execution: If using DocuSign/Adobe Sign, ensure the platform generates a "Certificate of Completion" and that the electronic notary module complies with South Carolina’s Electronic Notary Public Act.
8. Retention: The original should be kept in a secure location (fireproof safe). Certified copies should be provided to banks and financial institutions as needed.