Please do not take any of the following as legal advice or advisement: As a preemptive measure, I’d like to inform family members of those in patient care that it is a REQUIREMENT in the State of South Carolina for the following documents to have two witnesses party to the transaction:
Durable Financial Power of Attorney documents
Last Will and Testament documents
Codicil and Amendments to Last Will and Testament documents
…. other forms that require two witnesses
In the State of South Carolina, the Notary Public that signs off as the Notary can act as the sole or if more than witness is required, one of the witnesses. Some states that do not have this rule will only allow the Notary Public in South Carolina who signs, to sign as the second witness only.
Watch out for entities that want their documents witness by parties other than the Notary Public. Although a Notary Public can witness in South Carolina, there are choice parties that prefer the Notary Public not act as a witness party to their transaction.
Now we come back to the medical care and assisted-living facility signings. When you call on a Notary Public to assist you or your loved one, you must be aware that most facilities will not allow their medical staff members, care team nor volunteers, no one affiliated with working in the facility to witness on your behalf. In most cases, you will need two unrelated witnesses not related to individuals written within the document and witnesses that do not have an interest in the instrument before them. There are a few choice documents that do not have this requirement, however, to make sure that the situation is not a potential or actual conflict of interest, it’s best to have witnesses that are not related to party or document in any way.
Please note that the information contained within this article is just that, ‘For Informational Purposes Only.’
Have an excellent day and Peace and Blessings upon you.
Sonita M. Leak
National Notary Association Ambassador and NOTY Special Honoree 2019
& Owner of GreenvilleNotary.com