38 CityLight.org
may 2012
A Living Will and Health Care Power of At-
torney are medical directives, which explain
what medical care you wish to receive if you
are incapacitated and unable to make those
decisions for yourself. They can also desig-
nate a person to make those decisions for you
should the need arise. A Living Will can also
be used to express your wishes concerning
withholding or withdrawal of life support.
In the event that you become incapacitated
or unable to make your own decisions, with-
out a document in place appointing someone
to do so, it may be necessary to petition the
court to appoint someone to manage your
assets and make decisions for you. This can
be costly and time consuming. Executing a
Power of Attorney avoids this complication.
A Power of Attorney is a document in which
you give authority to someone to act on your
behalf. Unlike a Health Care Power of At-
torney, which is limited to health care deci-
sions, the scope of the power in a Power of
Attorney can be limited to a specific purpose
or almost unlimited.
One of the most common powers used in a Pow-
er of Attorney is financial decisions. At times, it is
necessary for another person to be able to act on
your behalf. Unlike a Last Will and Testament,
a Power of Attorney does not speak after death.
Rather, the powers in a Power of Attorney end at
the death of the person granting the power.
same questions. So, here are the general an-
swers to some of the most frequently asked
questions about end of life planning.
d
o
i
need
a
l
asT
w
ill
and
T
esTamenT
?
Since most everyone dies possessing property,
most everyone needs a Last Will and Testa-
ment. Even if you do not currently own prop-
erty, that does not mean you will not in the
future own assets. There have been numerous
cases where a person did not have any assets
prior to their death, but the person's death
itself resulted in a monetary award, thereby
creating assets.
Without a Last Will and Testament, state law
decides what happens to property in the estate
of a person who dies without a Will. State law
attempts to distribute the property according
to what it believes most people would want,
but it doesn't always work that way.
The default plan normally distributes prop-
erty to living relatives. However, if someone
leaves behind a fiancé or significant other,
they may not be able to provide them with
any inheritance unless there is a valid Last
Will and Testament.
w
HaT
Happens
if
i
die
wiTHouT
a
l
asT
w
ill
and
T
esTamenT
?
South Carolina state law has a default `Will'
for any person who dies without a Last Will
and Testament. Commonly, the spouse and
children of the deceased person will inherit
the property. You can imagine the issues this
may cause in a second marriage.
If there is no spouse and no children, the de-
ceased's parents will inherit the property, then
siblings, grandparents, and children of the grand-
parents. If no close relatives can be found, then
the property will eventually belong to the state.
d
o
i
need
a
l
iVinG
w
ill
and
/
or
p
ower
of
a
TTorney
?
Should you become incompetent, someone must
handle your financial affairs and make personal
care and health care decisions for you. To plan
for such circumstances, a Power of Attorney for
property and a Health Care Power of Attorney
are important tools because in them, you appoint
an agent to act on your behalf. This agent has the
legal authority to make decisions for you.
Planning for the End of Life
Continued from pg 23