Durable Power of Attorney

Power of Attorney in Spartanburg & Greenville SC

A power of attorney (POA) 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 person providing the authorization to another person to act is the principal, grantor, or donor (of the power) and the person authorized to act is the agent or attorney or, in South Carolina, the “attorney-in-fact”.

One of the most important instruments in advanced planning is the appointment of a power of attorney.  How broad or narrow the scope of the power of attorney is determined by the principal and his or her needs.  We can assist you in determining the type and specificity of the Power of Attorney.  In South Carolina, power of attorney is classified into three various types.

Non-Durable or General 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

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effect even if the beneficiary becomes incapacitated and it lasts until death, while a non-durable Power of Attorney is no longer in effect if the beneficiary becomes incapacitated.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
• 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 Springing Power of Attorney or Conditional Power of Attorney is 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.  We do not provide springing powers of attorney because we feel the conditions required to put the power of attorney into effect may require time and expense to prove the power of attorney is active.  This may defeat the emergency purposes of a power of attorney.

Consult a Power of Attorney Lawyer in Spartanburg & Greenville, South Carolina

At the McQueen Law Firm we can assist you in determining the right type, requirements and specific areas that you desire to delegate in the Powers of Attorney document.  One word of caution: NEVER give a power of attorney to someone you do not trust!  Contact us at the McQueen Law Firm to discuss your Power of Attorney requirements today at 864.585.5021 or online to schedule an appointment.

McQueen Law Firm | “A Trusted Partner” | Serving the State of South Carolina Since 1985 | Spartanburg County | Greenville County | Anderson County | Cherokee County | Union County