South Carolina · S.C. Code §§62-8-105–120South Carolina power of attorney at closing: execution, recording and acceptance

Under South Carolina's Uniform Power of Attorney Act, a power of attorney must be signed by the principal (or by someone in the principal's presence at the principal's direction), attested with the same formalities and witness requirements as a South Carolina will, and acknowledged or proved under §30-5-30 (S.C. Code §62-8-105); a photocopy or electronically transmitted copy has the same effect as the original (§62-8-106(d)). After the principal becomes incapacitated, the agent may act only if the power of attorney has been recorded in the same manner as a deed in the county where the principal lives – or, for an out-of-state principal, any county where the principal owns property – and until it's recorded the agent's authority can't be exercised (§62-8-109(c)). If the power was recorded, a revocation or an agent's resignation must be recorded in the same county (§§62-8-110(g), 62-8-118(c)). A person asked to accept an acknowledged power of attorney must accept it, or request an agent's certification, an English translation or – if it doesn't appear effective under §62-8-109 – a written opinion of counsel stating a reason, within seven business days after it's presented, and then accept it within five business days after receiving what it asked for; it can't demand a different form (§§62-8-119, 62-8-120(a)). It isn't required to accept in listed cases, including a good-faith belief that the power isn't valid or the agent lacks authority, or a power that lacks the statutory reliance clause (§62-8-120(b)).