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Health Care Power of Attorney Requirements in South Carolina

In South Carolina, a health care power of attorney must be signed by at least two witnesses who are not relatives, heirs, beneficiaries or the named agents, among other limits; the notary section of the statutory form is optional.

Last checked . General information, not legal advice.

South Carolina at a glance

Document name
Health care power of attorney
Witnesses
2 witnesses
Notary required
No (optional)
The statutory form says the notary portion is optional and not required to create a valid health care power of attorney.
Who cannot witness
Relatives, heirs, beneficiaries, agents, attending physician
Also excluded: anyone financially responsible for care or with a claim on the estate, and staff of the attending physician. No more than one witness may work at the principal's health care facility.

Sources

Last checked

The rules in South Carolina

What is a health care power of attorney called in South Carolina?

Document name in South Carolina: Health care power of attorney.

How many witnesses does a health care power of attorney need in South Carolina?

Witnesses in South Carolina: 2 witnesses.

Does a health care power of attorney have to be notarized in South Carolina?

No (optional). Notary required in South Carolina: no (optional). The statutory form says the notary portion is optional and not required to create a valid health care power of attorney.

Who cannot witness a health care power of attorney in South Carolina?

Who cannot witness in South Carolina: Relatives, heirs, beneficiaries, agents, attending physician. Also excluded: anyone financially responsible for care or with a claim on the estate, and staff of the attending physician. No more than one witness may work at the principal's health care facility.

Where do the South Carolina health care power of attorney requirements come from?

The rules above come from S.C. Code 62-5-503 and S.C. Code 62-5-504. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.