Estate Planning and Probate
Durable Powers of Attorney Services in Beaufort, SC
A power of attorney allows you to legally assign someone to manage your assets, but a durable power of attorney allows that assigned person to manage your assets even if you become incapacitated. An attorney experienced in estate planning and probate services can help guide the process of implementing a durable power of attorney, ensuring that your wishes are upheld with as little stress as possible.
What is a Durable Power of Attorney?
A durable power of attorney allows a person (an agent) to handle your finances and make financial decisions for you for your convenience or if you become incapacitated for any reason.
Generally, when you name someone as your agent under a durable power of attorney, this means they can handle the following activities:
- Buying and selling assets, including property;
- Filing tax returns;
- Applying for government benefits; and
- Managing bills, investments, and bank accounts.
Why We Recommend Creating a Durable Power of Attorney
Ensures Your Wishes Are Followed
Not only does a durable power of attorney allow you to assign a specific person the ability to make financial decisions for you, but it also provides guidance for that person regarding your wishes.
Reduces the Risk of Legal Disputes
A comprehensive document naming your durable power of attorney will minimize the risk of legal disputes, as a durable power of attorney is a legal document that states your intent and is difficult to dispute.
Prevents Delays in Asset Management
A durable power of attorney gives your agent immediate access to your assets once you become incapacitated. This means there are no interruptions in the management of your financial assets.
Executing a durable power of attorney can not only help ease your mind, it will also help loved ones when they are already experiencing a difficult situation. If an agent under durable power of attorney has not been named, your family may have to wait for the courts to decide who can manage your finances for you if you become incapacitated. This is why we recommend signing not only durable powers of attorney, but also health care powers of attorney to ensure your financial and health care needs are met without court involvement.
Our Estate Planning and Probate Services Team
Harvey & Battey’s estate planning and probate team has a wealth of knowledge and experience with durable powers of attorney. Attorney Eugene Parrs has more than 45 years of experience working with clients to create durable powers of attorney, and Attorney Ashley Amundson has years of experience in not only creating durable powers of attorney, but also ensuring they are upheld through her experience as a probate judge. Schedule a free consultation with either of our expert estate planning and probate attorneys to discuss your durable power of attorney needs.
COMMON QUESTIONS RELATED TO DURABLE POWERS OF ATTORNEY IN SC
Q: Where do I file a durable power of attorney in South Carolina?
A: Your durable power of attorney must be filed with the county clerk register of deeds office to be considered “durable.” This decreases the chances of fraud in case you become incapacitated.
Q: Why should I use a lawyer to create my power of attorney?
A: An expert estate planning and probate lawyer will not only make the process of creating a durable power of attorney smoother, it will also ensure your power of attorney document is customized to your specific needs and that it complies with SC laws.