What is an alternative to guardianship?

An alternative to guardianship is a power of attorney (POA). A POA is a legal document that grants someone else the authority to act on another person’s behalf. In South Carolina, POA can be written to give someone else the power to make personal, medical, and/or financial decisions for another person. POA in South Carolina must be properly signed and witnessed in order to be legally enforceable. POA can be used to grant broad or specific powers to an attorney-in-fact, such as the power to create or make changes to a will, buy or sell real estate, manage investments, and even make personal decisions such as consenting to medical treatments. It is important to note that even if a POA is granted, the principal must still be able to make their own decisions. A POA can only be used if the principal becomes incapacitated, and the attorney-in-fact must act in the principal’s best interests. In South Carolina, POA can be revoked at any time by the principal. The principal must sign a separate document revoking the POA. When the principal dies, the POA ends as well. Overall, a POA is a great alternative to guardianship for those looking for another way to give someone else the power to make decisions on their behalf. It is less costly and less time consuming than guardianship, and it allows the principal to retain much more control over what decisions are made by the attorney-in-fact.

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What is an alternative to guardianship?

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