Power of Attorney and Health Care Power of Attorney in South Carolina: Putting Critical Decisions in Trusted Hands

A Legal Plan That Protects You When You Can’t Speak or Act for Yourself

A power of attorney and health care power of attorney are among the most essential – and often overlooked – documents in South Carolina estate planning. These tools protect you during your lifetime, not after your death. They ensure that someone you trust can make financial and medical decisions for you if illness, injury, or incapacity prevents you from doing so.

Without these documents, families may find themselves locked out of critical decisions at the worst possible time. Even spouses and adult children could be forced into probate court just to gain temporary authority to help. That process is time-consuming, stressful, and delays care when every moment counts.

At Benjamin R. Matthews and Associates, LLC, we help South Carolina families put these protections in place before a crisis occurs. With guidance from an experienced power of attorney and health care power of attorney lawyer, families can gain clarity, security, and legal authority when it matters most.

What a Power of Attorney and Health Care Power of Attorney Actually Do in South Carolina

These documents solve real-life legal problems that can arise when someone unexpectedly becomes unable to act for themselves. Since these situations often happen without warning, advance planning is crucial.

When properly created under South Carolina law, a power of attorney and health care power of attorney provide the following protections:

Authorize financial decision-making: Allows your agent to pay bills, manage accounts, handle real estate, and deal with creditors when you’re unable to.
Protect medical decision-making: Grants your health care power of attorney the authority to make medical choices on your behalf if you can’t communicate.
Avoid emergency court proceedings: Prevents the need for guardianship or conservatorship hearings, which can be lengthy and costly.
Maintain continuity of care: Ensures treatment decisions are made promptly, without legal delays, when your health is on the line.
Preserve personal privacy: Keeps sensitive financial and medical matters out of the public record, unlike court filings.
Reduce family conflict: Clarifies decision-making authority, preventing disputes over who has the right to act on your behalf.

These protections only work if the documents are properly drafted and executed correctly. A South Carolina estate planning attorney ensures every authority granted is legally valid and tailored to your needs.

Should You Have a Power of Attorney and Health Care Power of Attorney in South Carolina?

Many people assume power of attorney and health care power of attorney documents are only for older adults or those in poor health. But the truth is, incapacity can happen to anyone, at any age. A sudden car wreck on I-26, a medical emergency in Columbia, or an unexpected illness in Rock Hill can leave anyone unable to make decisions – without warning.

These documents are essential for:

Parents who want to ensure someone trusted makes decisions for their children
Homeowners and business owners who need someone to manage property or finances
People with chronic illness who want to stay in control of their health decisions
Anyone who wants to avoid burdening their family with emergency court filings during a crisis
People who have rebuilt after bankruptcy and want to maintain stability

If staying in control of your medical and financial decisions matters to you, then these documents absolutely belong in your estate plan.

How Power of Attorney and Health Care Power of Attorney Work with Your Estate Plan

These documents don’t replace a will, a trust, or a Kids Protection Plan. They support them. A will covers what happens after death. A trust helps keep assets private. A Kids Protection Plan ensures your children’s safety and financial support during emergencies. But power of attorney and health care power of attorney protect you while you’re still alive.

When used together with your other estate planning tools, these documents ensure full legal protection at every stage of life, from unexpected medical events to long-term family security. Without these documents, even a well-drafted will or trust can leave gaps – especially in the event of incapacity, leaving your family to face the chaos of court filings and confusion during an emergency.

A South Carolina estate planning attorney ensures all these documents work together as a cohesive strategy rather than separate, disjointed forms.

We Can Help You Put the Right Authority in Place

A power of attorney and health care power of attorney protect your dignity, your finances, and your right to decide who speaks for you in a crisis. Since 1985, Benjamin R. Matthews has been providing legal assistance to thousands of South Carolinians, helping them secure the right protections for their families and avoid the chaos that can arise during a crisis. While his focus has shifted over time, his decades of legal experience ensure that every client receives the guidance and support they need. When you reach out, you’ll speak directly with a legal team that takes the time to understand your situation and help you build a solid plan.