SC Powers of Attorney – Probate and Estate Planning Lawyers in Myrtle Beach

Powers of attorney in South Carolina are documents that allow another person to make important decisions for you and handle your affairs if you are incapacitated or otherwise unavailable.

Your SC probate and estate planning attorney at Axelrod and Associates can help you to create a power of attorney document that is tailored to your specific situation and needs. Various powers of attorney may also be an important part of your comprehensive estate plan and can be created along with your will, trusts, and other documents.

What types of powers of attorney are there in SC and how are they used in estate planning?

Types of Power of Attorney in SC

There are three important types of powers of attorney in SC which include:

General power of attorney:

A general power of attorney allows you to choose a trusted person and give them the authority to handle your affairs in a broad range of areas including finances, banking, paying bills, paying taxes, and insurance.

Limited power of attorney:

A limited power of attorney is like the general power of attorney in SC, but it allows you to limit the authority that you give to the person. For example, you can give a person permission solely to pay your bills but nothing else or allow them to sell certain assets. A limited power of attorney can be carefully drafted to accomplish your goals without giving unnecessary authority to the person.

Health care power of attorney:

A health care power of attorney allows a trusted person to make health care decisions, like whether you want to be placed on life support, on your behalf if you are incapacitated. Health care powers of attorney are often used in conjunction with a Living Will that specifies what your choices are for end-of-life care or health care when you are otherwise incapacitated.

General, limited, or health care powers of attorney can be drafted as a single document to meet your immediate needs, or they can be an essential part of your broader estate plan.

The South Carolina Uniform Power of Attorney Act (SCUPOAA)

In 2017, South Carolina passed the Uniform Power of Attorney Act which replaces the older SC laws governing powers of attorney. It can be found at S.C. Code Ann. 62-8-101 through 62-8-403.

SC law controls what we can and cannot do with a power of attorney, including:

  • How to execute a power of attorney so that it is valid;
  • How to terminate a power of attorney;
  • The duties and responsibilities of the agent (the person holding the power of attorney); and
  • When the agent can be held liable for breach of their duty.

Got Axelrod?

Whether it is a one-time limited power of attorney to meet your short-term needs or a comprehensive estate plan that includes a general power of attorney and health care power of attorney, your SC probate attorney at Axelrod and Associates will help you to create the right documents with the right language to accomplish your goals. Call today at 843-353-3449 or complete our contact form to set up an initial consultation.