What happens if I do not create a power of attorney?
If you do not create a power of attorney in South Carolina when you are of legal age, your family members may not be able to make decisions for you if you become incapacitated or are unable to manage your own affairs. A power of attorney allows you to name someone to make vital financial and medical decisions on your behalf in the event that you are no longer able to do so. Without one, your family may be forced to go to court to get a guardianship to manage your affairs. A guardianship is a legal process and it typically means that a judge appoints someone to make decisions for you. This can be a family member, such as a spouse or adult child, or it could be someone else that is not related to you. This person is referred to as a guardian and they are responsible for managing all aspects of your life including your finances, medical and other important decisions. This process can be costly and time consuming and is something that can be avoided by having a power of attorney in place. Having a power of attorney in place before you are incapacitated or unable to make your own decisions is a key part of elder law in South Carolina. It can be a difficult process to go through, but it can provide piece of mind and make sure that your wishes are followed if you are unable to do so yourself.
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