South Carolina Uniform Power of Attorney Act: What Changed and What It Means for You

South Carolina adopted the Uniform Power of Attorney Act (SC UPOAA) effective January 1, 2017, codified at S.C. Code Ann. § 62-8-101 et seq. The law modernized how powers of attorney work in the state, bringing South Carolina in line with the uniform framework used by most states — while keeping several SC-specific requirements that distinguish it from the national standard.

The Key Changes

Default Durability

Before the UPOAA, a power of attorney in South Carolina terminated automatically when the principal became incapacitated unless the document explicitly stated it was durable. This meant thousands of families discovered their POA was useless at the exact moment they needed it most.

Under § 62-8-104, the default flipped: every financial POA executed after January 1, 2017 is durable by default. Your agent's authority survives your mental incapacity unless you explicitly state otherwise. If you want a non-durable POA (one that terminates at incapacity), you must say so in writing.

Hot Powers Require Explicit Authorization

Section 62-8-201 created a new category of "hot powers" — high-impact financial actions that are not included in a general grant of authority. Even if your POA says "I grant my agent full authority over all financial matters," your agent cannot:

• Create, amend, revoke, or terminate a trust
• Make gifts
• Change beneficiary designations on life insurance or retirement accounts
• Create or change survivorship rights in jointly held property
• Delegate authority to another person

Each hot power must be explicitly and separately authorized in the POA document. A blanket grant is insufficient.

Mandatory Third-Party Acceptance

Section 62-8-120 addressed one of the most frustrating problems with POAs: banks refusing to honor them. Under the UPOAA, a financial institution that receives a properly executed, notarized POA must either accept it or provide a written refusal within seven business days, specifying the legal basis for the refusal.

If the refusal is unreasonable, the institution is liable for the agent's attorney's fees and court costs. This gave POA agents a statutory enforcement tool they previously lacked.

The companion provision, § 62-8-119, created the Agent's Certification Form — a sworn affidavit the agent presents to banks confirming the POA is valid, has not been revoked, and the agent is acting within their authority. Banks that receive a compliant certification have strong legal protection if they honor it, which incentivizes acceptance.

Codified Agent Duties

Section 62-8-114 spelled out fiduciary duties that were previously scattered across case law:

• Act in accordance with the principal's reasonable expectations (if known)
• Act in good faith and avoid conflicts of interest
• Keep the principal's assets separate from the agent's own
• Preserve the principal's existing estate plan
• Maintain detailed records of all transactions

An agent who violates these duties faces personal liability and removal by the probate court.

SC-Specific Rules That Differ from the Uniform Act

South Carolina adopted the UPOAA with several state-specific modifications:

Post-incapacity recording requirement (§ 62-8-109(c)) — unique to South Carolina. After the principal becomes incapacitated, the agent's authority is suspended until the POA is recorded with the Register of Deeds in the principal's county of residence. Most states have no such requirement.

Execution requirements (§ 62-8-105) — South Carolina requires two witnesses and a notary. Many states require only a notary or only witnesses, not both.

Healthcare POA remains separate — the UPOAA covers only financial powers. Healthcare authority is governed by a separate statute (§§ 62-5-501 to 62-5-518) with its own execution requirements and a far more restrictive witness exclusion list.

Does Your Old POA Still Work?

POAs executed before January 1, 2017 remain valid if they complied with the law in effect at the time. However, they may not include hot powers language, the agent's certification form, or compliance with the post-incapacity recording requirement.

If your POA was drafted before 2017, consider whether it covers what you actually need — particularly trust creation, beneficiary changes, and gift-making authority.

The South Carolina Power of Attorney Kit is built on the current UPOAA framework with hot powers authorization, the § 62-8-119 Agent's Certification Form, and county recording instructions.

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