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How to Get Power of Attorney in South Carolina. To set up a power of attorney, both the agent and principal fill out and sign a power of attorney form. The South Carolina Uniform Power of Attorney Act (§ 62-8) regulates durable powers of attorney in South Carolina. All the forms on this page comply with this chapter of the South Carolina Code. Today we're going to fill out a general power of attorney form ad from the website power of attorney form com so to start this is the general power of attorney form this notice in the beginning on page 1 just lets you know what the whole form is about just standard attorney language to make sure that you're protected if you try to use this power of attorney form so to get started the first.

  1. Simple Power Of Attorney Form Pdf
  2. Printable Simple Power Of Attorney Form

Special Power of Attorney VS General Power of Attorney. The general power of attorney is vast and it gives broad authority to the agent. The agent will be empowered to make wide range of decisions on behalf of the principal. It could be medical decision, financial or business decisions and even legal choices. A Power of Attorney is also referred to as the following: POA, P.O.A., Letter of Attorney; Power of Attorney Flow-Chart. How to Get Power of Attorney. Obtaining a Power of Attorney (form) is easy, all you need to do is decide which type of form best suits your needs.

What are the specific requirements for Your free power of attorney form?

With a power of attorney you (the Principal) grant another person (an Agent or Attorney-in-Fact) the legal authority or permission to make decisions, as if it were yourself making those decisions.

It is up to you to decide how extensive or limited those powers should be!






Don't be in a rush!
Consider the 5 Safety Tips for your Power of Attorney
as illustrated here, notably:


Power of Attorney Safety Tips
  • 1. Appoint an Agent whom you can trust implicitly
  • 2. There's no need to issue a General Power of Attorney (with broad powers) if a Limited or Specific Power of Attorney will suffice.
  • 3. Stipulate an expiry date. You can always execute another Power of Attorney form if you still need your Agent to continue acting on your behalf.
  • 4. There is no governing body tasked with policing an appointed agent. It is up to you to review statements and reports regularly. And your finances must be kept in a separate account!
  • 5. When you wish to revoke the POA, you can inform your agent but you must also do so in writing. Send copies of the revocation to any 3rd party with whom your agent acted on your behalf.

Make your selection from our extensive list of free legal templates, but do take a minute and review the definitions and legal guidelines that may assist you in compiling your legal document.

Take a look especially at the difference the wording 'durable' or 'lasting' can make to your General Power of Attorney form (further down on this page). If you have elderly parents, this could become very important should they lose intellectual capacity.

Then scroll back up here to select the type of power of attorney form best suited for your requirement.

Free Power of Attorney Forms:

  • Power of Attorney (POA) - Review the legal requirements for your document
  • Agent or Attorney - Choosing the best person for the job, duties, fees etc.
  • General Power of Attorney - Template
  • Durable or Lasting Power of Attorney - General Information
    Free Durable Power of Attorney - Template
    Lasting or Enduring POA - Information specific to the United Kingdom
  • Adult Guardianship vs Conservatorship - When and how to get guardianship orders
  • Medical Power of Attorney - General Information
    Medical POA Form - Your free sample document
    Living Will Form - Health Directive template
  • Financial Power of Attorney - Limited POA to handle Finances and Tax Returns
  • Real Estate Power of Attorney - General Information
    Power of Attorney Template - To handle Real Estate affairs on an ongoing basis
    POA Form - Template for a once-off Real Estate transaction
  • Power of Attorney for a Child - Legal Guidelines, Alternative Clauses and Free Template
  • Free Temporary Guardianship Form - Informal Child Care Template
    Legal Guardianship for Children - And the differences between guardianship, foster care, adoption and custody
  • Auto Power of Attorney - POA when buying or selling a vehicle
  • Special Power of Attorney - Template for vehicle transactions e.g. registration etc.
  • Motorcycle POA - Specific POA template for motorcycle transactions
  • Boat Sales POA - Template for boat transactions
  • Revoke a Power of Attorney - Revocation template

We take a quick look at the most commonly used documents and guidelines for their use:

Special or Limited Power of Attorney


It is advisable to use this type of form, rather than a general power of attorney as far as possible. In most cases you can issue this form to let your Agent take take of specific duties only e.g.


  • You need your Agent to conclude a real estate transaction or handle your finances whilst you are traveling overseas
  • You need an adult child to do banking transactions whilst you are recovering from an operation
  • You need your accountant to file tax returns on your behalf.

This need not be a durable power of attorney and must state an expiration date after which it automatically becomes null and void.

Your POA must be notarized to be accepted by Government offices, financial institutions and real estate registry offices.





General Power of Attorney

This free power of attorney form grants extensive powers to an Agent and is most often used as part of estate planning.

If you made it a durable POA, it can also cater for the circumstance should you become mentally or physically incapable from handling your affairs.

If you do not have this (durable) document in place, the state will decide on who will take the responsibility. A family member will typically have to petition the court to be appointed as conservator or guardian of an adult. During this process the court needs to be satisfied that:

  • The elderly person is declared incompetent by experts and indeed incapable of handling his/her own affairs.
  • The petitioner is an appropriate guardian and is willing and able to handle the responsibilities.

Therefor, to avoid possible costly disputes and difficulties for your family, it is advisable for elderly people to have a durable general power of attorney in place.


Very Important Note:
A power of attorney always expires upon your death.

Thereafter, the person you appoint in your last will and testament as executor, in effect becomes your Agent and it may well be one and the same person.

It also ends if you become incapacitated unless it specifically uses the words 'Durable Power of Attorney' or 'Enduring' or 'Continuing' or in the UK 'Lasting Power of Attorney.

When Does a Power of Attorney Come into Effect?

Normally a power of attorney comes into effect from the date you signed the document. This does not mean that you can not make decisions thereafter - as long as you are legally competent, your Agent must follow your instructions.

The alternative is to compile a 'Springing Power of Attorney'. This means that the document is dormant and 'springs' into effect only when you become incapacitated.

In this form you can issue instructions for example that your appointed physician or two licensed practitioners pronounce you incompetent or the laws of the land will determine incompetence. You must grant permission for the practitioners to disclose their findings.

Do You Need a Lawyer to Get a Power of Attorney?

If you are confident that you understand the legal requirements and that you can trust the person you wish to appoint as agent to act in your best interest, then you do not need a lawyer to write your power of attorney. It is not a complicated document.

Having said that, (you knew that was coming) everyone's situation is not the same and if you do not find all the answers to your questions, then you MUST consult with an attorney. Especially if you have a variety of financial or real estate matters to attend to!

How Much does a Power of Attorney Cost?

If you use any of the free power of attorney forms on this site, then you'll only have to cover your printing costs and other incidentals e.g. notarization fees.

And if you do need legal advice, you can cut down on consultation time - and save money - by going through the information here and making a list of all the issues you need to address prior to your appointment.

What are the Responsibilities of Power of Attorney?

Most importantly, the Agent has a fiduciary duty to the Principal: To act in a position of trust, with utmost loyalty and to the benefit of the Principal. The Agent is not to act in his own best interests or to profit from this position unless the Principal consents to such a profit.

An Agent appointed in a Power of Attorney is not allowed to change your will or make a will on your behalf!

And he/she can not make medical decisions on your behalf unless authorized to do so in a separate medical power of attorney.

Even in the general free power of attorney form, you can add any limitation such as:

  • The Agent must consult with a specified person before making decisions
  • The Agent may never sell a certain property
  • The Agent must never invest in, for example gold shares.

As long as you consider the repercussions, nobody can dictate to you what you have to include or exclude (provided you are not breaking the law in any way).




What is the Difference Between Guardianship and Conservatorship and Power of Attorney?

A power of attorney document can only be signed whilst a person has full mental capacity.

And in order for the document to stay valid even after the person becomes mentally incapacitated, it must explicitly state that it is an enduring power of attorney.

So if that enduring POA is not in place, then the court must be petitioned to appoint a guardian or conservator or even a curator to handle the affairs of someone who is incapacitated.

Visit our page on Adult Guardianship where we discuss in detail the differences of these terms and when and how guardianship orders can be obtained.

Free Power of Attorney Form for Health Care

This document empowers your Agent to make decisions on your behalf as far as your personal- and medical care is concerned, when you become incapacitated. For this purpose it must be a durable medical power of attorney.

A Living Will specifies which treatments you wish to receive or not receive in a medical crisis. The Agent appointed in your health care power of attorney will make decisions according to your wishes in your living will. You can combine your Living Will and medical power of attorney into one document. If you have a separate Living Will, it is important for your Agent to have a copy of it to know your wishes.

People who are not allowed to serve as your health care Agent are: people who are paid by you to provide services such as your doctor, therapist, home attendant, landlord etc. (unless they are also your spouse or life partner or family members).

A Medical Power of Attorney is not filed with any government institution. You should give copies to the appointed person and your family members and if applicable, your physicion and health care workers. If you enter a medical or other care facility you should also let them add a copy to your records.

Revoking a Power of Attorney

We advise against making an irrevocable power of attorney. A durable power of attorney is as effective, but should you change your mind it can be revoked.

Have the revocation notarized by a notary public and give copies thereof to your Agent and any third party - bank, deeds office etc. to whom it may concern.


Proxy Form - Free Power of Attorney Form

Perhaps the most often used POA form is a simple proxy (see our blank proxy form below) where a designated person can attend a particular meeting and vote on your behalf.

Simple Power Of Attorney Forms Free Printablekeyclever

For example, Home Owner's Associations or Body Corporates have annual general meetings (to approve budgets, elect trustees etc.) and quite often it is not possible for the registered owner or landlord to attend. It serves to expedite matters if there is a quorum in either person or proxy.

You could give specific instructions to your Proxy or let him vote as he sees fit.

Incidentally, we have often given a proxy to a tenant in good standing because such a person has first-hand knowledge of the ins and outs of that particular housing estate.

You could make the proxy for a specific meeting or could specify a time period within which your proxy could act on your behalf for a number of meetings.


Proxy Form

I _____________________ being the registered owner of
___________________________________

hereby appoint _________________________________
with SS/Identity Number _______________________

Power

or failing him/her, the Chairperson of the Meeting
as my Proxy to speak and vote on my behalf at the Annual General Meeting

to be held on ________________ 20____ as well as each postponement or adjournment thereof.

Unless otherwise indicated, my Proxy may vote as he/she sees fit.

Signed at _________________ this _________ day of _________________ 20____

Signature _______________________
(Registered Owner)

Signature _______________________
(Authorized Proxy Holder)


* * *


Related Government Sites for
Power of Attorney Information

USAUK
CanadaAustralia
South AfricaScotland

The free power of attorney forms referenced on this page are available for various situations and applications. Determine which one will best suit your requirements and edit it accordingly.







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The minor (child) power of attorney allows a parent give full control over the decisions made for their child for a specified period of time (usually lasting six (6) months or a year). The form does not need a reason why the parent is deciding to give power over the minor but at the expiration, in order to keep the relationship valid, must be renewed. Depending on the State the document may need to be authorized in the presence of a notary public or two (2) witnesses with no blood or marriage relation.

  • What is a Minor Power of Attorney?

A minor power of attorney allows a parent to elect someone else to take care of their child for a specified period of time. This document is not intended for long-term use, but rather on short-term occasions when a parent will be away from their child, for instances like a business trip or vacation. When a parent falls ill and is unable to think for themselves, this form allows for a person of their choice, typically someone who has a close relationship with their family and the child, to make the decisions necessary in order to care for the child.

A Power of Attorney for Child is also referred to as the following:

  • Guardianship Power of Attorney, Medical Power of Attorney, Minor Power of Attorney

When to Use

For any type of short-term reason such as:

  • Business trip;
  • Military service;
  • Surgery;
  • Vacation;
  • Jail time; or
  • Any other reason where the child would need a trusted individual to make decisions on the parents' behalf.

Getting a minor power of attorney is a process that requires the parent's consent and commonly may only be used for a temporary amount of time (6 months to 1-year). For any long-term arrangements, the law requires the parents to go to the court and file guardianship papers.

Step 1 – Select Someone You Trust

First and foremost is select someone you trust to be around your child and make everyday decisions on your behalf. This person will be responsible for the child's diet, exercise, and to promote good study habits if it's during the school year. Therefore, it is best to elect someone who is healthy with discipline and structure in their life to be a good example.

Step 2 – Start and End Dates

After the Agent has been selected the parent will need to choose the timeframe. If longer than 6 months or 1-year and the parent may have to file for guardianship depending on the Laws in the State.

Step 3 – Powers and Responsibilities

Simple Power Of Attorney Form Pdf

The parent will have to write the rights the Agent will have over their child. If the child is going to be staying with the Agent for more than a week the powers should be unlimited. As a basic necessity the form should include the permission to pickup the child from school along with helping to attend if the child should need medical care.

Step 4 – Signing the Form

Printable simple power of attorney form

Printable Simple Power Of Attorney Form

The signing requirements are usually located on the bottom of the State-Specific Form. In most cases, the State will require that the parent authorize with the Agent selected in the presence of a notary public or two (2) witnesses that are not related to either party.

Step 5 – Using the Form

The form must be presented every time it is used for the child. Depending on the situation and institution, an original copy may be required. Cybersmart education no vidseffective curriculum ideas.

  • AL – 1 Year (§26-2A-71)
  • AK – 1 Year (AS 13.26.066)
  • AZ – 6 Months (§ 14-5104 & § 14-5107)
  • AR – § 28-68-213
  • CA – § 1510-1517
  • CO – 12 Months (CRS 15-14-105)
  • CT – § 45a-622
  • DE – § 2320 to § 2328
  • FL – § 744.3021
  • GA – § 19-9-120 to § 19-9-129
  • HI – 1 Year (§ 560:5-105)
  • ID – 6 Months (§ 15-5-104)
  • IL – 755 ILCS 45
  • IN – 12 Months (§ 29-3-9-1)
  • IA – No Statute
  • KS – 1 Year (Safe Families Act)
  • KY – § 27A.095
  • LA – Art. 2989 to Art. 3026
  • ME – 12 Months (§ 5-127)
  • MD – No Statute
  • MA – § 5-202
  • MI – 6 Months (§ 700.5103)
  • MN – § 257B.04
  • MS – No Statute
  • MO – 1 Year (§ 475.602)
  • MT – 6 Months (§ 72-5-103)
  • NE – 6 Months (§ 30-2604)
  • NV – 6 Months (NRS 159.205)
  • NH – No Statute
  • NJ – § 3B:12-74
  • NM – 6 Months (45-5-104 NMSA)
  • NY – § 661
  • NC – § 32A-28 to § 32A-34
  • ND – 6 Months (Chapter 30.1-27)
  • OH – (§ 3109.52 to § 3109.61)
  • OK – 1 Year (§10-700 & §10-701)
  • OR – 6 Months (§ 109.056)
  • PA – No Statute
  • RI – No Statute
  • SC – No Statute
  • SD – No Statute
  • TN – § 34-6-301 to § 34-6-310
  • TX – SB 1598
  • UT – 6 Months (§ 75-5-103)
  • VT – No Statute
  • VA – No Statute
  • WA – RCW 11.94.010(4)
  • WV – No Statute
  • WI – 1 Year (§ 48.979)
  • WY – No Statute
Simple

Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).

Step 1 – Parent and Minor Information

The first step to completing the form starts with entering the name of the child and parent(s). In our example, only one parent signed the form, however, both parents can be co-guardians.

Step 2 – Appointing the Attorney-in-Fact

The Attorney-in-Fact (Agent) should be someone who has a relationship with the family and lives in close proximity. In our example, the Agent is the Uncle of the child and lives nearby within the same city. Enter the Agent's name, relationship to the minor, and home address.

Step 3 – Agent's Powers

There are two options to choose from: Delegate all powers/authority to the agent or only give specific authority. The Guardian(s) need to initial and check their preferred option. If granting specific authority, give a description of the power(s).

Step 4 – Longevity of Powers

Enter the date in which the Power of Attorney for Child will commence and follow by selecting how or on what date the document will terminate. In our example, the Power of Attorney for Child has a specific start and end date.

Step 5 – Governing Law

Enter the state in which the Power of Attorney for Child will be governed, the state is most often the same state in which the minor lives.

Step 6 – Guardian Signature(s)

The Guardian(s) need to sign, print name, and date the Power of Attorney for Child form in order to be valid.

Simple Power Of Attorney Forms Free Printablekeyclever

For example, Home Owner's Associations or Body Corporates have annual general meetings (to approve budgets, elect trustees etc.) and quite often it is not possible for the registered owner or landlord to attend. It serves to expedite matters if there is a quorum in either person or proxy.

You could give specific instructions to your Proxy or let him vote as he sees fit.

Incidentally, we have often given a proxy to a tenant in good standing because such a person has first-hand knowledge of the ins and outs of that particular housing estate.

You could make the proxy for a specific meeting or could specify a time period within which your proxy could act on your behalf for a number of meetings.


Proxy Form

I _____________________ being the registered owner of
___________________________________

hereby appoint _________________________________
with SS/Identity Number _______________________

or failing him/her, the Chairperson of the Meeting
as my Proxy to speak and vote on my behalf at the Annual General Meeting

to be held on ________________ 20____ as well as each postponement or adjournment thereof.

Unless otherwise indicated, my Proxy may vote as he/she sees fit.

Signed at _________________ this _________ day of _________________ 20____

Signature _______________________
(Registered Owner)

Signature _______________________
(Authorized Proxy Holder)


* * *


Related Government Sites for
Power of Attorney Information

USAUK
CanadaAustralia
South AfricaScotland

The free power of attorney forms referenced on this page are available for various situations and applications. Determine which one will best suit your requirements and edit it accordingly.







You are here:




Does this site deserve your thumbs up?


Let's hear your verdict about what you've read here!

The minor (child) power of attorney allows a parent give full control over the decisions made for their child for a specified period of time (usually lasting six (6) months or a year). The form does not need a reason why the parent is deciding to give power over the minor but at the expiration, in order to keep the relationship valid, must be renewed. Depending on the State the document may need to be authorized in the presence of a notary public or two (2) witnesses with no blood or marriage relation.

  • What is a Minor Power of Attorney?

A minor power of attorney allows a parent to elect someone else to take care of their child for a specified period of time. This document is not intended for long-term use, but rather on short-term occasions when a parent will be away from their child, for instances like a business trip or vacation. When a parent falls ill and is unable to think for themselves, this form allows for a person of their choice, typically someone who has a close relationship with their family and the child, to make the decisions necessary in order to care for the child.

A Power of Attorney for Child is also referred to as the following:

  • Guardianship Power of Attorney, Medical Power of Attorney, Minor Power of Attorney

When to Use

For any type of short-term reason such as:

  • Business trip;
  • Military service;
  • Surgery;
  • Vacation;
  • Jail time; or
  • Any other reason where the child would need a trusted individual to make decisions on the parents' behalf.

Getting a minor power of attorney is a process that requires the parent's consent and commonly may only be used for a temporary amount of time (6 months to 1-year). For any long-term arrangements, the law requires the parents to go to the court and file guardianship papers.

Step 1 – Select Someone You Trust

First and foremost is select someone you trust to be around your child and make everyday decisions on your behalf. This person will be responsible for the child's diet, exercise, and to promote good study habits if it's during the school year. Therefore, it is best to elect someone who is healthy with discipline and structure in their life to be a good example.

Step 2 – Start and End Dates

After the Agent has been selected the parent will need to choose the timeframe. If longer than 6 months or 1-year and the parent may have to file for guardianship depending on the Laws in the State.

Step 3 – Powers and Responsibilities

Simple Power Of Attorney Form Pdf

The parent will have to write the rights the Agent will have over their child. If the child is going to be staying with the Agent for more than a week the powers should be unlimited. As a basic necessity the form should include the permission to pickup the child from school along with helping to attend if the child should need medical care.

Step 4 – Signing the Form

Printable Simple Power Of Attorney Form

The signing requirements are usually located on the bottom of the State-Specific Form. In most cases, the State will require that the parent authorize with the Agent selected in the presence of a notary public or two (2) witnesses that are not related to either party.

Step 5 – Using the Form

The form must be presented every time it is used for the child. Depending on the situation and institution, an original copy may be required. Cybersmart education no vidseffective curriculum ideas.

  • AL – 1 Year (§26-2A-71)
  • AK – 1 Year (AS 13.26.066)
  • AZ – 6 Months (§ 14-5104 & § 14-5107)
  • AR – § 28-68-213
  • CA – § 1510-1517
  • CO – 12 Months (CRS 15-14-105)
  • CT – § 45a-622
  • DE – § 2320 to § 2328
  • FL – § 744.3021
  • GA – § 19-9-120 to § 19-9-129
  • HI – 1 Year (§ 560:5-105)
  • ID – 6 Months (§ 15-5-104)
  • IL – 755 ILCS 45
  • IN – 12 Months (§ 29-3-9-1)
  • IA – No Statute
  • KS – 1 Year (Safe Families Act)
  • KY – § 27A.095
  • LA – Art. 2989 to Art. 3026
  • ME – 12 Months (§ 5-127)
  • MD – No Statute
  • MA – § 5-202
  • MI – 6 Months (§ 700.5103)
  • MN – § 257B.04
  • MS – No Statute
  • MO – 1 Year (§ 475.602)
  • MT – 6 Months (§ 72-5-103)
  • NE – 6 Months (§ 30-2604)
  • NV – 6 Months (NRS 159.205)
  • NH – No Statute
  • NJ – § 3B:12-74
  • NM – 6 Months (45-5-104 NMSA)
  • NY – § 661
  • NC – § 32A-28 to § 32A-34
  • ND – 6 Months (Chapter 30.1-27)
  • OH – (§ 3109.52 to § 3109.61)
  • OK – 1 Year (§10-700 & §10-701)
  • OR – 6 Months (§ 109.056)
  • PA – No Statute
  • RI – No Statute
  • SC – No Statute
  • SD – No Statute
  • TN – § 34-6-301 to § 34-6-310
  • TX – SB 1598
  • UT – 6 Months (§ 75-5-103)
  • VT – No Statute
  • VA – No Statute
  • WA – RCW 11.94.010(4)
  • WV – No Statute
  • WI – 1 Year (§ 48.979)
  • WY – No Statute

Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).

Step 1 – Parent and Minor Information

The first step to completing the form starts with entering the name of the child and parent(s). In our example, only one parent signed the form, however, both parents can be co-guardians.

Step 2 – Appointing the Attorney-in-Fact

The Attorney-in-Fact (Agent) should be someone who has a relationship with the family and lives in close proximity. In our example, the Agent is the Uncle of the child and lives nearby within the same city. Enter the Agent's name, relationship to the minor, and home address.

Step 3 – Agent's Powers

There are two options to choose from: Delegate all powers/authority to the agent or only give specific authority. The Guardian(s) need to initial and check their preferred option. If granting specific authority, give a description of the power(s).

Step 4 – Longevity of Powers

Enter the date in which the Power of Attorney for Child will commence and follow by selecting how or on what date the document will terminate. In our example, the Power of Attorney for Child has a specific start and end date.

Step 5 – Governing Law

Enter the state in which the Power of Attorney for Child will be governed, the state is most often the same state in which the minor lives.

Step 6 – Guardian Signature(s)

The Guardian(s) need to sign, print name, and date the Power of Attorney for Child form in order to be valid.

Step 7 – Agent's Acceptance

The agent must confirm their acceptance of being the child's temporary guardian which is mandatory the agent sign, print name, and mark the date.

Step 8 – Affirmation by Witness

Even if your state does not require two (2) witnesses to sign the Power of Attorney for Child, it's still a good idea none the less as a number of states do require. Have both witnesses sign, print name and date the form.

Step 9 – Notary Acknowledgement

Having the Power of Attorney for Child signed by a Notary Public is the last step to making the document officially legal. You can usually find a Notary Public to sign for free at your local bank.





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