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LAWYERLISA

Real Estate Law. Estate Planning. Simplified.

LawyerLisa, LLC focuses on Real Estate Closings, Estate Planning, Probate Litigation, and Elder Law.  Our firm is here to provide clients with comprehensive solutions in a comfortable environment.  Let our experience lead you to the solutions you seek.

GUARDIANSHIPS.  

For Incapacitated Adults:

Under South Carolina law, the definition of an Incapacitated Person is a "person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or property." S.C. Code of Laws 62-5-101

If someone is believed to be incapacitated and unable to make their own health care decisions, a Guardianship Action can be filed with the Probate Court to have that person legally declared an Incapacitated Person and have a Legal Guardian appointed with the authority and responsibility over their health and health care decisions.  

If the person was previously competent and designated an Agent in their Health Care Power of Attorney, a guardianship proceeding can generally be avoided and the Health Care Power of Attorney can be used by the appointed Agent to make health care decisions for the now incapacitated person.

In the event of a parent's death:

If you care for a child or incapacitated person, your will or trust should nominate someone to be appointed the legal guardian over them, in the event of your death.  A surviving parent who lives with and has custody of a minor child will normally automatically continue to have sole custody, but in the event they are unable or unwilling to, it is important to nominate alternates for this important role.

CONSERVATORSHIPS.

If someone is believed to be incapacitated and unable to make their financial decisions, a Conservatorship Action can be filed with the Probate Court to have that person legally declared an Incapacitated Person and have a Legal Conservator appointed with the authority and responsibility over their finances and financial decisions.  

If the person was previously competent and designated an Agent in their Durable Financial Power of Attorney, a conservatorship proceeding can generally be avoided and the Durable Financial Power of Attorney can be used by the appointed Agent to make financial decisions for the now incapacitated person.


Are you caring for someone with special needs?  Do you need additional help or resources?

Visit:

Family Connections

SC Department of Disabilities and Special Needs

Information on Medicaid Waivers

LawyerLisa, LLC 534 St. Andrews Road Ste B Columbia, SC 29210 Phone: 803.563.5163

LawyerLisa, LLC 5175 Sunset Boulevard Ste 1 Lexington, SC 29072 Phone: 803.832.1068

Serving: Anderson | Clemson | Columbia | Ballentine | Blythewood | Cayce | Chapin | Elgin |  Forest Acres | Fort Jackson | Gadsden | Gaston | Gilbert | Greenville | Hopkins | Irmo | Lake Carolina | Lake Murray | Laurens | Lexington | Pelion | Rock Hill | Red Bank | Seven Oaks | South Congaree | Springdale | St Andrews | Simpsonville | Swansea | West Columbia | White Rock