[SC] [SC] Do I need to have a Power of Attorney notarized?
My sister has suddenly become ill and is in the hospital. She may not get better. She has no husband or children, and I (her brother) am her only living relative. She has substantial assets, including three homes and sizable savings and investments. She is still conscious but is unlikely to be able to leave the hospital to have a notary sign the document that I created for her using eForms, giving me Power of Attorney. Is having a notary necessary, or will witnesses do?
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In South Carolina, a Power of Attorney document must be signed by the person granting authority (known as the principal) and acknowledged before a notary public in order to be legally valid. While witnesses can help confirm the authenticity of the signature, they do not replace the notary requirement. This is because South Carolina law follows the Uniform Power of Attorney Act, which clearly states that a notary acknowledgment is necessary for the document to be effective. Without a notary, the Power of Attorney may not be accepted by banks, title companies, or other institutions.
If your sister is still conscious and mentally capable of understanding and signing the document, you may be able to arrange for a notary to come to the hospital. Many notaries offer mobile services and are willing to travel to healthcare facilities. In some cases, hospitals may have staff notaries or work with local notaries who are familiar with handling urgent matters for patients. If the hospital has restrictions due to health precautions, you might still be able to arrange for a remote or online notarization, depending on what technology and permissions the hospital allows and whether the notary is approved to perform remote work under state law.
If a notary is truly not available and your sister becomes unable to sign in the near future, another option would be to pursue guardianship or conservatorship through the probate court. This process can take more time and involves a court petition, but it allows someone to be appointed by the court to manage finances and make decisions. If the situation is urgent, you may be able to request an emergency hearing. Speaking with an estate planning or elder law attorney in South Carolina as soon as possible is strongly advised to help you navigate the legal requirements and protect your sister’s interests.
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My sister has suddenly become ill and is in the hospital. She may not get better. She has no husband or children, and I (her brother) am her only living relative. She has substantial assets, including three homes and sizable savings and investments. She is still conscious but is unlikely to be able to leave the hospital to have a notary sign the document that I created for her using eForms, giving me Power of Attorney. Is having a notary necessary, or will witnesses do?
Lexi, Chatbot
I’m sorry to hear about your sister’s situation. Have you consulted with a legal professional regarding the Power of Attorney document you’ve created for her?
No. This has all been sudden.
Lexi, Chatbot
Are you aware of the specific requirements in your state regarding the signing and witnessing of Power of Attorney documents?
Just what eForms tells me. What is the rule in South Carolina?
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Dan
Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for more than 21 years. I’m truly sorry you’re going through this, and I'm here to help.
You want to confirm if a Power of Attorney can just be signed and be sufficient that way?
Yes
Dan
Okay, thank you. I really appreciate your patience as I work on your answer. It won’t be much longer.
Dan
Thank you for sharing those details with me. I understand this can be a difficult time, and I truly appreciate your openness. I’ve carefully reviewed everything and prepared your answer below. Please take your time to look it over, and don’t hesitate to reach out if anything is unclear or if you have any follow-up questions. My goal is to ensure everything makes sense and that you feel confident moving forward.
Dan
In South Carolina, a Power of Attorney document must be signed by the person granting authority (known as the principal) and acknowledged before a notary public in order to be legally valid. While witnesses can help confirm the authenticity of the signature, they do not replace the notary requirement. This is because South Carolina law follows the Uniform Power of Attorney Act, which clearly states that a notary acknowledgment is necessary for the document to be effective. Without a notary, the Power of Attorney may not be accepted by banks, title companies, or other institutions.
If your sister is still conscious and mentally capable of understanding and signing the document, you may be able to arrange for a notary to come to the hospital. Many notaries offer mobile services and are willing to travel to healthcare facilities. In some cases, hospitals may have staff notaries or work with local notaries who are familiar with handling urgent matters for patients. If the hospital has restrictions due to health precautions, you might still be able to arrange for a remote or online notarization, depending on what technology and permissions the hospital allows and whether the notary is approved to perform remote work under state law.
If a notary is truly not available and your sister becomes unable to sign in the near future, another option would be to pursue guardianship or conservatorship through the probate court. This process can take more time and involves a court petition, but it allows someone to be appointed by the court to manage finances and make decisions. If the situation is urgent, you may be able to request an emergency hearing. Speaking with an estate planning or elder law attorney in South Carolina as soon as possible is strongly advised to help you navigate the legal requirements and protect your sister’s interests.
Does all of that make sense to you?
I’m reading it now.
Yes.
Dan
I want to make sure everything is clear and easy to understand. If you'd like me to explain anything further or have follow-up questions, just let me know. If everything makes sense and you're comfortable with the information, feel free to reply with “all set.” Thanks!
Dan
Thank you for sharing your questions with me. I’m really glad you reached out, and I truly appreciate the opportunity to help. If you ever have more questions, feel free to return to AskaLawyer anytime.
Dan
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