There will be times when your Power of Attorney needs to be recorded in the public records or filed with a court in order for your Agent to use it to act on your behalf.
Some examples include if your Agent needs to sell real estate on your behalf, or if your Agent needs to represent you in a court case. Another example specific to the state of South Carolina is that your Agent will need to record your Power of Attorney before he can use it if the Power of Attorney only becomes effective upon your incapacity.
While you may record your Power of Attorney at any time after you sign it, many people choose to wait until the recording becomes necessary. Waiting means that if you update your Power of Attorney to remove or replace an Agent, you won’t need to record additional documents to revoke the original Power of Attorney. If you do wait to record the Power of Attorney and you become incapacitated, your Agent can record the Power of Attorney for you.