Health Care Power of Attorney

The attorneys of  Davis, Frawley, Anderson, McCauley, Ayer, Fisher & Smith in Lexington, South Carolina, provide assistance in preparing and executing Health Care Powers of Attorney (HCPOA).  In South Carolina, the HCPOA is a state-standardized document in which you may express your wishes for health care and treatment in the event you become unable to make and communicate decisions due to illness or incapacity.  

In a Health Care Power of Attorney, you may name agents, in the order of your preference, who may make health care decisions for you if you become unable to make and communicate your wishes.  You may also specify instructions with respect to organ and tissue donation, as well as life-sustaining treatment.  Your HCPOA takes effect when you become unable to make health care decisions.   Your agent may then make decisions when the need arises, based on circumstances known to them at that time.   Since you are able to name agents who may make all health-related decisions for you (instead of merely those related to terminal illness or permanent unconsciousness), the HCPOA is generally preferable to the Living Will.

We advise that clients provide copies of these documents to named agents, family members, primary physicians, and others who may participate in health-related decisions for you.  If you have not executed a Health Care Power of Attorney and you become unable to give instructions concerning your care, your family may have to petition the Probate Court for appointment of a Guardian in some circumstances.

Related areas: Advanced Directives, Living Will (Declaration of Desire for Natural Death), Durable Power of Attorney, Financial Power of Attorney, Guardianship and Conservatorship, Elder Law /Special Needs Planning

Health Care Power of Attorney Attorneys

John F. Fisher

(Ph) 803-359-2512

(Fa) 803-359-7478

Judith Callison Fisher

(Ph) (803) 359-2512

(Fa) (803) 359-7478