Short answer. A notary is required; witnesses; recording before real estate use.
At a glance
- Uniform act
- Section 62-8-101: the South Carolina Uniform Power of Attorney Act.
- Notary
- Acknowledged or proved under section 30-5-30, the rule for recordable documents.
- Witnesses
- Witnessed with the same formality and witness requirements as a South Carolina will; the section doesn't state the number.
- Agent's acknowledgment
- An agent accepts by acting or other conduct showing acceptance.
- Recording for real estate
- After the principal becomes incapacitated, the agent can act only once the power of attorney is recorded the same way as a deed.
- Durable
- Durable unless it says incapacity ends it.
In the official wording
Notary
"acknowledged or proved pursuant to Section 30-5-30."
Witnesses
"attested with the same formality and with the same requirements as to witnesses as a will in South Carolina"
Agent
"by exercising authority or performing duties as an agent"
Recording
"has been recorded in the same manner as a deed"
Durability
"is durable unless it expressly provides that it is terminated by the incapacity of the principal."
Signing-day steps
- Statutory form: not confirmed
- Notary: required
- Witnesses: required
- Agent's acknowledgment: not required
- Recording for real estate: required
Full checklist with the reasons: financial · healthcare.
Not stated on the pages we read: an official form, healthcare signing.
Signing in New Jersey? MCC Solutions provides mobile notarization, hospital notarization and remote online notarization for New Jersey signers. Elsewhere, a local notary can help.
Official sources
- S.C. Code Title 62, Article 8, South Carolina Uniform Power of Attorney Act (SC Legislature) (checked November 2026)
General information, not legal advice; we are not lawyers. Have a lawyer prepare or review the power of attorney itself.
Common questions
Does a power of attorney have to be notarized in South Carolina?
Yes. Acknowledged or proved under section 30-5-30, the rule for recordable documents.
How many witnesses does a South Carolina power of attorney need?
Witnessed with the same formality and witness requirements as a South Carolina will; the section doesn't state the number.
Does the agent have to sign anything in South Carolina?
Not before acting. An agent accepts by acting or other conduct showing acceptance.
Must a South Carolina power of attorney be recorded to sell or mortgage real estate?
After the principal becomes incapacitated, the agent can act only once the power of attorney is recorded the same way as a deed.
Is a South Carolina power of attorney durable?
Yes, by default. Durable unless it says incapacity ends it.
All states: power of attorney requirements by state · Pennsylvania · Washington · Signing a durable power of attorney, step by step