What is a Health Care Power of Attorney?
A health care power of attorney is an advance directive document that legally appoints someone to make your healthcare decisions on your behalf. This document goes beyond the end-of-life directives in a living will, ensuring you have proper representation if temporarily or permanently incapacitated.
Unlike basic power of attorney documents, the health care variant does not expire when you become incapacitated. In fact, the health care power of attorney only comes into effect if you’re unable to make your own care decisions. Otherwise, you maintain full control of your medical decisions.
When creating the document, you’ll get to choose who to appoint as your attorney-in-fact aka power of attorney. You’ll want to choose someone who you can trust to honor your wishes every step of the way. Discuss your decision with your loved ones to find a healthcare agent willing and able to serve in this role.
Legal Requirements in South Carolina
Your health care power of attorney is only valid if you abide by all the legal requirements in South Carolina, such as:
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You must demonstrate contractual capacity when creating the legal document
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Your medical power of attorney must be signed in front of two adult witnesses
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You need to have the power of attorney properly notarized upon completion
By working with an attorney to create your health care power of attorney, you can make sure it meets all requirements.
Need Help Creating Your Health Care Power of Attorney?
Since you never know what health problems could come your way, it’s important to get your health care power of attorney created as soon as possible. If you’d like help moving through the steps, please feel free to reach out to our office for a free consultation. During your visit, you will meet with Susan Shipman Miranda, Attorney at Law, and learn about the process of creating your advanced directives.