Elder Power of Attorney
Individuals and their families will at some point be confronted with the legal complexities and financial challenges associated with the issues of aging, incapacity, disability, special-needs, long-term care, and death. Our experienced Elder Law attorneys at the Dobson Law Group provide a comprehensive range of Elder Law legal services including advising and creating a Power of Attorney document, Special Needs Planning and Trusts, Long-Term Care Planning, Guardianships and Conservatorships, and Nursing Home Law and Incapacity to individuals and their families in Greenville and through the Upstate of South Carolina. We are passionate about the importance of Elder Law and Estate Planning, we strive to build trust as a valued partner, while protecting your interests and be “A True Advocate” for your rights.
Power of Attorney
A power of attorney (POA) or letter of attorney is a written authorization, a legal document, to represent or act on another’s behalf in private affairs, business, or some other legal matter. The principal, grantor, or donor “of power” is the person providing the authorization to act and the agent or attorney (“attorney-in-fact, SC) is the person authorized to act on the principal’s behalf.
In Elder Law, advanced planning, one of the most effective and important instruments is the assignment or appointment of a power of attorney. The scope and specificity of the power of attorney is determined by the principal and their needs. There are three types of Power of Attorney that can be executed; Durable Power of Attorney, Non-Durable Power of Attorney and Springing or Conditional Power of Attorney. Our Elder Law attorneys at the Dobson Law Group will assist you in determining the type, scope and specificity, and the drafting of the Power of Attorney.
Types of Power of Attorney
- Non-Durable Power of Attorney
- Durable Power of Attorney
- Springing or Conditional Power of Attorney
Non-Durable Power of Attorney:
Grants a limited scope of action to the agent, whom the principal may simply need to carry out a single task or single transaction.
Durable Power of Attorney
Continues to be in effect even if the beneficiary becomes incapacitated and it lasts until death, while a non-durable Power of Attorney is no longer in effect if the beneficiary becomes incapacitated. By having a properly executed Durable Power of Attorney family member will be able to properly and legally manage matters including:
- Financial matters: authorized signature on banking accounts, pay bills, manage financial, investment and business affairs, perform retirement planning activities, sell property, obtain insurance and pay taxes
- A Health Care Power of Attorney gives decision-making authority for health care matters, provide access to HIPAA protected health information, the ability to complete medical forms, negotiating and contracting for medical or professional services, and the authorization and decision of a move to a nursing home, hospital or long-term care facility
Springing or Conditional Power of Attorney
A type of Durable Power of Attorney that only comes into effect after certain conditions are met, typically when the principal becomes disabled or mentally incompetent.
Requirements for Powers of Attorney
- Both parties must agree to the power
- The principal, grantor or beneficiary of care must be legally competent, be of mental capacity
- Must have the mental capacity or not “lack the capacity” to understand the agreement
Consult a South Carolina Elder Law Power of Attorney Lawyer in Greenville SC
We are experienced Elder Law attorneys who understand the complexities, importance and financial challenges associated with the issues of aging, incapacity, disability, special-needs, long-term care, and death. Our experienced Elder Law attorneys at the Dobson Law Group will work with you to develop a custom-tailored strategy addressing the needs of your unique situation and we encourage you to contact us to discuss your options and requirements at (864)271-8171 or online to schedule an initial consultation.
The Dobson Law Group provides Elder Law Attorney legal services including Power of Attorney to clients in Greenville County and throughout South Carolina including Abbeville, Anderson, Cherokee, Greenwood, Laurens, Lexington, Newberry, Oconee, Pickens, Richland, Spartanburg, and Union County. We are licensed in South Carolina, North Carolina, Florida, and Georgia.