Planning for the future often means making difficult but necessary decisions to protect yourself and your loved ones. One of the most important legal documents available to everyone is a Power of Attorney (POA). A POA allows you to designate someone you trust to make decisions on your behalf if you are unable to do so. However, many people get confused about the difference between a Health Care Power of Attorney and a Durable Power of Attorney. In South Carolina, these documents serve very different purposes—one focuses on medical care, while the other covers financial and legal matters. Understanding the distinction between the two ensures your wishes are honored and your family avoids unnecessary stress during challenging times.
What is a Health Care Power of Attorney in South Carolina?
A Health Care Power of Attorney (also referred to as a medical POA in other states) is a legal document that allows you to appoint an agent (sometimes called a health care proxy) to make medical decisions on your behalf if you are unable to communicate your wishes.
This document typically covers important medical choices such as:
- Approving or refusing medical treatments and procedures
- Making decisions about hospital admissions or transfers
- Deciding on long-term care facility placement
- Managing end-of-life decisions, including life support and resuscitation preferences
Having a valid Health Care Power of Attorney in South Carolina ensures your loved ones and doctors clearly understand your wishes and who has the authority to act for you in critical moments.
What is a Durable Power of Attorney in South Carolina?
A Durable Power of Attorney is different from a Health Care POA because it primarily covers financial and legal decisions. The term “durable” means the authority you grant remains in effect even if you become incapacitated. Without this durability, a standard POA would end as soon as you lose decision-making ability.
Common responsibilities granted under a Durable Power of Attorney include:
- Paying bills and managing bank accounts
- Handling real estate or property transactions
- Filing taxes and managing investments
- Managing business interests or contracts
- Addressing other financial and legal matters on your behalf
In South Carolina, the Durable Power of Attorney is governed by the South Carolina Uniform Power of Attorney Act, which requires certain formalities, including proper drafting, signatures, and notarization. A Durable POA can be customized to give your agent broad powers or limited authority, depending on your needs.
Health Care (Medical) POA vs Durable POA: Key Differences
While both documents are types of Powers of Attorney, their purposes are very different:
- A Health Care POA covers medical and healthcare decisions only.
- A Durable POA usually covers financial and legal matters, not medical care.
- A Durable POA does not automatically give authority over health care decisions unless those powers are specifically included—which is why South Carolina recognizes a separate Health Care POA.
Since these roles do not overlap, many families find it necessary to have both a Health Care Power of Attorney and a Durable Power of Attorney. Together, they provide comprehensive protection, ensuring your chosen representatives can handle both medical and financial matters if you’re unable to do so yourself.
Do I Need Both a Health Care POA and Durable POA in South Carolina?
In most cases, yes. Having only one type of POA can leave critical gaps. For example, if you only have a Health Care POA, your loved ones may not be able to access your bank account to pay bills while you’re hospitalized. Conversely, if you only have a Durable POA for finances, your chosen agent won’t have the authority to make urgent medical decisions.
By putting both documents in place, you:
- Ensure your wishes are respected in both health and financial matters
- Reduce the likelihood of family disputes or confusion during emergencies
- Provide clarity and legal authority for trusted decision-makers
For complete peace of mind, most South Carolina residents benefit from having both a Health Care POA and a Durable POA as part of their estate plan.
Can I Create a POA Without a Lawyer in SC?
Although it is technically possible to create a POA without legal assistance, doing so is very risky. South Carolina law requires strict formalities for both Health Care and Durable Powers of Attorney, including:
- Proper signing by the principal (you)
- Witnesses to the execution
- Notarization requirements
Any mistakes in drafting or execution can make the document invalid, which could leave your family without legal authority to act when you need them most.
Working with an experienced estate planning lawyer to create your Powers of Attorney in South Carolina ensures your documents are properly drafted, valid under state law, and tailored to your unique needs. An attorney can also help you decide how much authority to grant your agent and make sure your documents work in harmony with your broader estate plan.
Contact Our Estate Planning Lawyers to Create Your POA in South Carolina
Understanding the difference between a Health Care (medical) and Durable Power of Attorney is an essential part of planning for the future. These documents provide peace of mind that your health care and financial wishes will be carried out by people you trust, no matter what the future holds.
Harvey & Battey’s estate planning and probate team has a wealth of knowledge and experience with Health Care and Durable Powers of Attorney. Attorney Eugene Parrs has more than 45 years of experience working with clients to create powers of attorney, and Attorney Ashley Amundson has years of experience in not only creating powers of attorney, but also ensuring they are upheld through her experience as a probate judge.
Schedule a free consultation now with our expert estate planning and probate attorneys to discuss your power of attorney needs.