wills, living wills & powers of...
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Our Mission South Carolina Legal Services is a statewide law firm
that provides civil legal services to protect the rights and represent the interests of
low-income South Carolinians.
This brochure was prepared by South Carolina Legal Services and isprovided as a public service.
Copyright retained by South Carolina Legal Services
Printed June 2016
Wills, Living Wills& Powers of Attorney
Elder Law Cases Accepted
ConservatorshipsEstate Probating Issues
GuardianshipsHealthcare POA & Living Wills
Last Will & TestamentsNursing Home Issues
Other Issues Affecting SeniorsPowers of Attorney
Other Legal Representation
Consumer & BankruptcyEducation
EmploymentFamily
Federal Income Tax Housing
Migrant Farm WorkersProbate
Public Benefits
• Think about your decisions and decide what you want.
• Share your wishes with your trusted loved ones.
• Make sure the person you name as Personal Represent- ative of your estate is willing to serve.
• Keep your attorney’s name, address and phone number with your documents.
*Give your Personal Representative or agent, a copy, or tell them where the original is kept.
Consideration for Advance Directives
Additional information may be found at:
South Carolina’s guide to free legal resources
Prepare for Your Future
Advance Directives are important legal documents which affect you and your loved ones.
Preparing and signing an advance directive protects you and your property.
Last Will and Testament
• Becomes effective at death
• Determines who gets your property at death
• Authorizes payment of debts
• Names a personal representative to handle your estate
• When needed, can name a guardian for your minor children
Powers of Attorney
• Name someone to handle your personal, financial and business affairs if you are incapacitated (not able to handle them yourself) or you are not available
• May be general or specific
• May be durable -- continues to be effective when you become incapacitated
Health Care Powers of Attorney
• Names an agent (someone to make medical decisions for you) if you cannot make them yourself
• Allows the agent to get copies of your medical records
• Permits the agent to negotiate with Medicaid, Medicare or your Health Insurance
Living Will
Living Wills tell agents and doctors what medical care you do or do not want if you become terminally ill and are in the hospital or a nursing home
Effective only if terminally ill and are in a hospital or nursing home
If executed in a hospital or nursing home, one witness must be a state-designated person (ombudsman)
The South Carolina Living Will form allows you to choose:
• What medical procedures may be used to keep you alive
• That medical procedures should be used to keep you alive
• Someone else to decide what medical procedures you will receive