This affidavit is for a Principal to certify that the power of attorney has not been revoked and remains in full force. For all States except Florida, Georgia, Michigan, Ohio, South Carolina or Vermont.
South Carolina Affidavit of Principal that Power of Attorney not Revoked and in Full Force
Category:
State:
Multi-State
Control #:
US-P098A
Format:
Word;
Rich Text
Instant download
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FAQ
To properly fill out a power of attorney form, start by obtaining the correct document tailored to South Carolina laws. Clearly identify yourself as the principal, and designate an agent with specific powers. It’s crucial to include any limitations or conditions, if applicable. Once completed, ensure you sign the form in the presence of a notary to ensure it complies with legal standards, which can help you later affirm your South Carolina Affidavit of Principal that Power of Attorney not Revoked and in Full Force.
An affidavit as power of attorney being in full force is a legal document affirming that the power of attorney remains valid and has not been revoked. This affidavit serves as proof for third parties, providing them with the assurance that the designated agent can act on behalf of the principal. It is essential for maintaining the authority granted under the power of attorney, especially in financial or legal matters.
To revoke a power of attorney in South Carolina, you should create a written notice that states your intention to revoke the power of attorney. Include the names of the parties involved and the specific powers being revoked. It’s advisable to notify the agent and any institutions that may have a copy of the original document. This process ensures you can later affirm your South Carolina Affidavit of Principal that Power of Attorney not Revoked and in Full Force.
To fill out an affidavit, start by clearly stating the title as 'Affidavit of Principal that Power of Attorney not Revoked and in Full Force.' Include your personal details, such as your name, address, and the date. Next, provide a detailed declaration of the facts related to your power of attorney. Ensure you sign the affidavit in the presence of a notary public to validate it.
Therefore, by virtue of this section, a power of attorney can not be revoked by the principal without the consent of the agent if the agent has an interest in the subject matter of the Power of Attorney. Moreover, such Power of Attorney is not deemed to revoked even after death or insanity of the principal.
A power of attorney allows your agent to act on your behalf with another party. Now that party might ask the agent to prove that you have given him the authority. This can be done by showing an affidavit made by your agent where he states that he is your agent and that you have given him the power of attorney.
How to write an affidavitWrite the heading AFFIDAVIT.State your name and personal details (i.e. ID number, gender, address, contact details, etc.).State that you are making a declaration under oath (i.e. I, the undersigned, declare the following under oath).Write the facts in a numbered list.More items...
Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.
If you want your agent to be able to use your POA once you are incapacitated, you'll need to file it with the land records office (called the register of deeds in South Carolina) in the county where you live. Again, South Carolina is unique from other states in this respect.
The specific requirements and restrictions for PoA forms will vary in each state; however, in South Carolina, your Power of Attorney will require notarization and the signatures of two witnesses. If your agent will manage real estate transactions, the Power of Attorney must be notarized and recorded with your county.
