South Carolina Health Care Power of Attorney—Why You Need It
It is always good to think ahead, especially when it comes to situations related to health issues. Knowing who will be in charge of making decisions regarding medical treatments if you are unable to will help you feel at peace.
You can appoint a trustworthy individual for this job by making a health care power of attorney. It is paramount that you draw up this document in accordance with your state laws.
In South Carolina, a health care power of attorney is a type of an advance directive related to delegating medical decision-making powers. It is also referred to as a medical power of attorney or a health care proxy, but there are slight differences between the two.
A health care power of attorney lets you appoint an individual to act as your agent. This person will be in charge of making health care decisions in your stead. Unless you state otherwise, this person will have the same authority about your medical care as you would have.
If you don’t have a medical power of attorney, the doctors will act according to your state laws.
Your health care agent needs to be an individual who is 18 years old or older and of sound mind. They should also be someone reliable and trustworthy. Consult the table below to find out who you can appoint for this job:
|Who You Can Appoint||Who You Cannot Appoint|
In South Carolina, a medical power of attorney is not legally binding unless two people sign it as witnesses. Here is a list of individuals not suitable for the role:
- Spouse, children, grandchildren, parents, grandparents, or siblings
- Individual financially responsible for your health care
- Person named in your will or someone who would inherit your property by intestate succession
- Beneficiary of a life insurance policy on your life
- Health care agent
- Doctor who is treating you or their employee
- Anyone who would have a claim against a portion of your estate
You could have an attorney draw up this legal document for you or customize a medical power of attorney form, but you will lose a lot of money and risk having a poorly-written document. The easiest and most cost-effective way to create a health care power of attorney is by using DoNotPay.
All you need to do is follow these step-by-step instructions:
- Open DoNotPay
- Locate the Advance Health Care Directive product
- Name your agent and let us know what power you want to transfer to them
- Type in the names of the witnesses
In addition to a medical power of attorney, you can create another advance directive form in SC. This document is referred to as a declaration of a desire for a natural death—more commonly known as a living will. It enables you to state your wishes regarding medical treatments if you are unable to make decisions because you are:
- Terminally ill
- In a persistent vegetative state
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