Beaufort Power of Attorney Lawyers
Understanding Powers of Attorney. Why Are Powers of Attorneys Important?
In general, a power of attorney is a legal document whereby you, as the Principal, give another person, as Agent, the right to make decisions on your behalf. In South Carolina, there are two types: a Durable General Power of Attorney and a Health Care Power of Attorney.
A durable general power of attorney, sometimes referred to as a financial power of attorney, gives immediate authority to an Agent to manage your affairs, e.g., paying bills, filing tax returns, etc. The document is durable in that it is not affected by your incapacity. If you do not want your Agent’s authority to be immediate, a springing general power of attorney can require a condition precedent, e.g., certification of two (2) physicians stating you lack capacity to manage your affairs before the agent can assume his duty.
A health care power of attorney gives authority to an Agent to make health care decisions for you if you cannot make the decision for yourself or become incapacitated. South Carolina has a state specific health care power of attorney that allows your agent to make general medical decisions on your behalf as well as provides instructions regarding your end-of-life decisions.
By creating both durable general and health care powers of attorney, you retain control of your care and financial management by nominating an Agent of your choice and defining the scope of your Agent’s authority.
Further, you can avoid putting your family and loved ones through the arduous guardianship and conservatorship process in South Carolina. Your loved ones can follow the directions found within your legal documents rather than relying on the decision and supervision of the Probate Court.
Durable and health care powers of attorney are an essential part of any estate plan and must be drafted and executed with care and precision.
The power of attorney lawyers in Beaufort, South Carolina at Jolley Law Group are ready to assist you in crafting a durable and a health care power of attorney that works best for you and addresses all your incapacity and end-of-life goals.
Estate Planning Insights: Health Care Powers of Attorney and Living Wills.
Health care directives vary by state. South Carolina recognizes a statutorily formatted health care power of attorney and Declaration of a Desire for a Natural Death, i.e., Living Will.
A health care power of attorney is an important tool in your estate plan that addresses your end-of-life decisions. If you have specific end of life wishes or specific instructions about the medical treatment you want and do not want to receive, a Beaufort health care power of attorney can give a trusted person in your life the ability to make those decisions. South Carolina’s health care power of attorney gives general medical authority to your Agent, including decisions of medication, surgical procedures, and other forms of treatment, and further provides instructions for how your Agent should handle decisions related to life sustaining treatment. By executing a health care power of attorney, you have the ability to dictate the end-of-life decisions that can be made on your behalf.
A Declaration of a Desire for a Natural Death (aka Living Will) is a declaratory document that allows you to grant medical professionals the authority to provide or withhold nutrition and hydration in certain situations. It is vital that you consult with a qualified estate planning attorney, well versed in incapacity planning, to prevent conflicts between your health care power of attorney and Living Will.
Contact our Beaufort Power of Attorney Lawyers
The power of attorney lawyers in Beaufort, SC at Jolley Law Group can help you craft a health care power of attorney and Living Will that address your healthcare concerns and needs. Our lawyers are here to help you with end of life planning and can help you find the right estate planning documents to meet your goals.