Power of Attorney at Closing: Buying or Selling Remotely in South Carolina

Not every buyer or seller can be physically present at the closing table, and South Carolina law provides a path for handling this through a power of attorney. Whether you’re relocating from out of state, deployed overseas, or simply unable to attend in person, here’s how this process actually works.

What a Power of Attorney for Closing Does

A power of attorney, often abbreviated POA, is a legal document that authorizes another person — your attorney-in-fact — to sign documents and act on your behalf for a specific transaction. In a real estate context, a properly executed POA allows someone else to sign your closing documents, including the deed and loan documents, when you can’t be physically present.

Types of Power of Attorney Used in Real Estate

A specific or limited power of attorney is the most common and generally preferred approach for a real estate closing, since it authorizes the attorney-in-fact to act only for the specific transaction and purposes outlined in the document, rather than granting broad authority over your affairs. This limited scope protects you by ensuring the authority granted doesn’t extend beyond what’s needed for the closing itself.

Getting Your POA Approved by Your Lender and Title Company

This is the step buyers most often underestimate. Not every lender accepts a power of attorney for closing, and those that do often have specific requirements about the document’s language, notarization, and sometimes require their own review and approval before closing day. Some lenders require the POA to specifically name the property and transaction rather than being drafted in general terms.

Getting your POA reviewed and approved by both your lender and your closing attorney well before your scheduled closing date — not the week of — is essential, since a POA that doesn’t meet the specific requirements can cause a real delay to your closing timeline.

The Attorney-in-Fact’s Role

The person acting as your attorney-in-fact should be someone you trust completely, since they’re legally signing documents that obligate you financially. They’ll need to bring valid identification and the properly executed POA document to the closing itself, and they’ll sign in their capacity as your attorney-in-fact rather than signing your name directly.

Remote Online Notarization: An Alternative Worth Knowing About

Depending on the specific transaction and your closing attorney’s capabilities, remote online notarization may be available as an alternative or supplement to a traditional power of attorney, allowing you to sign and be notarized virtually rather than delegating signing authority to someone else entirely. Availability and requirements vary, so this is worth discussing directly with your closing attorney if being physically present isn’t possible for you.

Planning Ahead

If you know in advance that you won’t be able to attend your closing in person, raise this with your agent, lender, and closing attorney as early as possible in the transaction. The paperwork and approval process for a power of attorney takes real time, and starting it early prevents it from becoming a last-minute scramble that threatens your closing date.

If you’re navigating a purchase or sale from a distance, I’m happy to help coordinate this process. Reach me at 864.913.8295 or Ambur.Davis@Century21Blackwell.com.