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At The Suttles Law Firm, estate planning lawyer Brent Suttles, Sr., and his team of legal professionals prepare various Powers of Attorney for people in Summerville and Charleston, SC. A Power of Attorney is a legal document that provides written authorization to represent or act on another’s behalf in private affairs, medical affairs, business, or some other legal matter. Powers of Attorney can be very useful documents to accomplish your estate planning goals.
In South Carolina, powers of attorney are generally either durable or non-durable:
Durable Power of Attorney – This power of attorney continues to be in effect even if the beneficiary becomes incapacitated, and it lasts until death.
Non-Durable Power of Attorney – A non-durable power of attorney is no longer in effect if the beneficiary becomes incapacitated.
There are several types of powers of attorney in South Carolina:
Health Care Power of Attorney – A Health Care Power of Attorney gives another person (your designee) the legal authority to make health care decisions if you should become incapacitated. For example, your designee has access to your HIPAA-protected health information, the ability to complete medical forms, the authority to negotiate and contract for medical or professional services, and the authorization and decision of a move to a nursing home, hospital, or long-term care facility.
General Power of Attorney – A General Power of Attorney allows someone to act on your behalf in a wide range of areas, including obtaining insurance, buying and selling real estate, finance, banking, and performing retirement planning activities.
Limited Power of Attorney – A Limited Power of Attorney is narrower than a General Power of Attorney. For example, by using this document, your designee could pay your property taxes with your funds but would not be able to sell your home.
There are many “do-it-yourself” options available online for creating powers of attorney. However, there are potential problems with “DIY” powers of attorney. In South Carolina, there are several legal formalities that must be followed to ensure that a power of attorney is valid. Also, different powers of attorney may be necessary for achieving the results you intend. Oftentimes DYI power of attorney forms do not take into account your unique circumstances and your needs.
If you need an attorney in Summerville or Charleston to help you create a Power of Attorney, then please contact The Suttles Law Firm to schedule an appointment today. With our guidance, you can rest easy knowing your Power of Attorney complies with South Carolina’s law and that it is the right document to meet your needs.
If you need an attorney to help you create a Power of Attorney, please contact us to schedule an appointment today. With our guidance, you can rest easy knowing your Power of Attorney complies with South Carolina’s law and that it is the right document to meet your needs.
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