Yes—Frost Law Group prepares durable (financial) powers of attorney, health care powers of attorney and living wills for Summerville families, usually as a set with a will or trust, and records the durable POA when the time comes.
Planning for the unexpected
If an accident or illness leaves you unable to manage your affairs, someone has to pay the mortgage, deal with the insurance company and talk to your doctors. Without powers of attorney, that someone must first ask the probate court to appoint a conservator and guardian—a public, expensive process that takes months. Two signatures now avoid it.
Durable power of attorney
South Carolina's Uniform Power of Attorney Act (S.C. Code Title 62, Article 8) governs financial powers of attorney. “Durable” means it keeps working after you lose capacity. Your agent can:
- Pay bills, manage accounts and file tax returns
- Handle real estate, including selling a home to pay for care
- Deal with insurance, retirement plans and government benefits
- Run or wind down a business
- Make gifts and continue your estate plan—only if you specifically grant those powers
Two South Carolina wrinkles matter. First, a durable POA must be recorded with the register of deeds in your county before your agent can act once you are incapacitated, so we prepare it in recordable form. Second, banks may refuse old or generic forms; a document drafted under the current Act with the powers spelled out is honored far more readily.
Health care power of attorney
A health care power of attorney under S.C. Code §§ 62-5-503 and 62-5-504 names an agent to make medical decisions when you cannot, including consent to treatment, choice of providers and facilities, access to your records, and end-of-life decisions consistent with your living will. It can also state your wishes about organ donation and funeral arrangements.
Choosing your agents
Pick people, not titles. The financial agent should be organized and honest; the health care agent should be able to sit in a hospital hallway and say the hard thing you told them to say. They need not be the same person, and each should have an alternate. Adult children who live nearby are common choices; so is a trusted friend when children live far away or do not get along.
Frost first: if a hospital or nursing facility hands you a power of attorney form to sign for a parent, call before signing. Some forms limit the agent to that facility; others grant powers the family never discussed.
Put the right people in place.
Powers of attorney are included in every plan we prepare and can be done on their own.
Questions people ask
When does a power of attorney take effect?
You choose: immediately, or only when a physician certifies incapacity (a “springing” POA). Immediate powers are simpler for banks; springing powers appeal to people who want control until they truly need help.
Does a power of attorney end at death?
Yes. At death the personal representative named in the will, or the successor trustee, takes over. See probate.
Can my agent change my will?
No. An agent can never make or change a will. Gifts and beneficiary changes are allowed only if the document expressly permits them.
Related pages
Living will
Your end-of-life wishes, in the form South Carolina hospitals recognize.
Learn moreGuardianship & conservatorship
Court-appointed decision-makers for adults who cannot manage and for minors—contested or not.
Learn moreLast will and testament
Who inherits, who is in charge, and who raises the kids—decided by you, not the statute.
Learn more