---
title: "South Carolina Power of Attorney Signing Requirements | MCC"
description: "South Carolina power of attorney: A notary is required; witnesses; recording before real estate use. From the state's own pages."
url: "https://mcc-solutionsnj.com/notary/power-of-attorney-requirements-south-carolina"
---

Power of attorney · South Carolina

# South Carolina power of attorney signing requirements

How a power of attorney is signed under this state's law: the notary, the witnesses, what the agent signs, recording for real estate and the healthcare document.

✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials)

**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.

Official form

South Carolina's version of the act has no statutory form: the article goes from Part 2 (Authority) to Part 4, and the only form in it is an optional agent's certification (62-8-119(f)).

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.

Healthcare document

Two witnesses. The agent or successor agent and the principal's physician or the physician's employee can't witness, and in a health facility no more than one witness may be its employee. The form's notary section is optional.

## In the official wording

**Notary**

Need this notarized? [Online notarization for signers in South Carolina](/notary/online-notary/south-carolina).

"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."

**Healthcare**

"THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS TWO PERSONS SIGN AS WITNESSES."

## Get it notarized online today

Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email

A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.

**What you need**

- A valid government photo ID
- A computer or phone with a camera
- The unsigned document

[Book an online session](/notary/?service=ron#order)

Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording)

Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers)

## Signing-day steps

- **Statutory form:** not required
- **Notary:** required
- **Witnesses:** required
- **Agent's acknowledgment:** not required
- **Recording for real estate:** required

Full checklist with the reasons: [financial](/notary/power-of-attorney-signing-checklist?state=sc&type=financial) · [healthcare](/notary/power-of-attorney-signing-checklist?state=sc&type=healthcare).

Signing in New Jersey? MCC Solutions provides [mobile notarization](/notary/mobile-notary), [hospital notarization](/notary/hospital-notary) and [remote online notarization](/notary/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)](https://www.scstatehouse.gov/code/t62c008.php) (checked November 2026)
- [South Carolina statutory form health care power of attorney (Richland County Probate Court)](https://www.richlandcountysc.gov/Portals/0/Departments/Probate/Forms/SC_HCPOA.pdf) (checked November 2026)
- [S.C. Code Title 62, Chapter 8, South Carolina Uniform Power of Attorney Act (South Carolina Legislature, 2025 Code)](https://www.scstatehouse.gov/Archives/CodeofLaws2025/t62c008.php) (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.

**How is a healthcare power of attorney signed in South Carolina?**

Two witnesses. The agent or successor agent and the principal's physician or the physician's employee can't witness, and in a health facility no more than one witness may be its employee. The form's notary section is optional.

All states: [power of attorney requirements by state](/notary/power-of-attorney-requirements-by-state) · [Pennsylvania](/notary/power-of-attorney-requirements-pennsylvania) · [South Dakota](/notary/power-of-attorney-requirements-south-dakota) · [Signing a healthcare proxy or medical power of attorney](/notary/guides/healthcare-proxy-and-medical-poa-signing)

Do it yourself

### South Carolina Power of Attorney Signing Kit

Get your state power of attorney signed the way the state's own law describes. Acknowledged or proved under section 30-5-30, the rule for recordable documents.

[See what's inside ($19)](/toolkits/south-carolina-power-of-attorney-signing-kit) [Free sample](/toolkits/south-carolina-power-of-attorney-signing-kit#free-starter)14-day full refund

## Signing a power of attorney in New Jersey?

[Book a mobile notary](/notary/mobile-notary)[Call (908) 444-6373](tel:+19084446373)
