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.
"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
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several 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 · healthcare.
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)
- South Carolina statutory form health care power of attorney (Richland County Probate Court) (checked November 2026)
- S.C. Code Title 62, Chapter 8, South Carolina Uniform Power of Attorney Act (South Carolina Legislature, 2025 Code) (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 · Pennsylvania · South Dakota · Signing a healthcare proxy or medical power of attorney