Powers of Attorney in Greenville
What is Power of Attorney?
A power of attorney is a document that allows you to appoint someone (the “Attorney-in-Fact”) to handle things for you or on your behalf if you are unable to do so yourself. There are a few different kinds of powers of attorney, but the most common is a “durable” power of attorney, which can be used even when the Principal becomes incompetent.
We get many calls from adult children needing to obtain a power of attorney over their parent, who is already suffering from dementia. At this point, it is too late to do a power of attorney, so instead of being able to a simple inexpensive document, the child must go to Probate Court, sometimes post bond, spend thousands of dollars, and be under constant court supervision. If you have a spouse or parent who is starting to degrade mentally, we strongly urge them to obtain a power of attorney.
Call Hayes Law Firm Upstate Attorneys, LLC, to walk you through the steps of acquiring one and filing the correct paperwork. Legal paperwork can be confusing and overwhelming, but our Greenville lawyers can be at your side to provide trusted counsel.
Types of Powers of Attorney in South Carolina
Our attorneys run a family-oriented law firm, which means we prioritize your family’s safety and future in the work we do. We understand that to create a solid estate plan for you, we need to consider the several types of powers of attorney that are available in South Carolina.
The types of powers of attorney we can help you establish include:
- General Power of Attorney: This allows someone to act on your behalf in a variety of areas, including banking and finance, real estate, insurance, and more. This person can pay your bills and taxes for you.
- Health Care Power of Attorney: This power of attorney gives someone the ability to make health-related decisions on your behalf, should you become incapacitated.
- Limited Power of Attorney: This option can narrow the abilities a general power of attorney has. By filing this document, you can allow someone to pay your bills, but not be able to sell your assets, for example.
The Importance of a Healthcare Power of Attorney
Because accidents happen all the time and you can’t predict if and when you may not be able to make decisions for yourself, it’s crucial that you include a health care power of attorneys in your wills and estate plan. Establishing this document early on can help you make your own medical decisions when the time comes and you’re incapable.
Some questions our attorneys can walk you through when drafting your document include:
- Would you want your body donated to science in the event that you pass away?
- Would you want a respirator, but establish how long you’d be on it?
- Would you prefer doctors to withhold treatment if you couldn’t feed yourself?
- Would you prefer life-prolonging treatment regardless of your quality of life?
Typically, when individuals are incapacitated, doctors will reach out to family and friends to make decisions for them in the following order: spouse, adult children, parents, siblings, grandchildren, and close family friends.
Do You Need a Healthcare Power of Attorney?
If you have no healthcare power of attorney, a clearly outlined plan, disputes may arise between your family members when it comes to making important decisions regarding your health. We can help you take control to avoid issues down the road – our team is committed to helping you make empowered decisions.