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Incapacity-Centered Planning

What is a power of attorney? A power of attorney is a legal document that gives someone (agent) the authority to act on behalf of another person (principal).

Powers of attorney can include both financial powers of attorney as well as health care powers of attorney.

Both North Carolina and South Carolina follow the Uniform Power of Attorney Act, which is codified in Chapter 32C of the North Carolina General Statutes (for North Carolina), and codified in Title 62, Article 8 of the South Carolina Probate Code (for South Carolina). The Florida Power of Attorney Act is codified in Florida Statute Chapter 709, Part II. These varying state laws present unique challenges to both agents and principals when utilizing a statutory form or a form that simply references a grant of statutory powers. We’ve crafted durable powers of attorney for our clients to reference both the required statutory powers and provide a specific grant of authority so that your agent can effectively do anything needed consistent with your wishes both financially and medically, during your lifetime.

Our Incapacity-Centered Estate Plan includes the following documents:

  • Durable Financial Power of Attorney (Springing Provisions optional)
  • Health Care Power of Attorney
  • HIPAA Authorization
  • Living Will/Advance Directive for Desire of Natural Death
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