Why It Is Important To Name a Power of Attorney

You may have just recently prepared a will or a trust to plan how you want your personal and financial matters handled after your death, but just as equally important is naming a Power of Attorney. A Power of Attorney (POA) is someone you appoint to make legal, financial, and health decisions on your behalf should you no longer be able to do so. 

For financial matters, you may need someone to pay your bills, make investment decisions, and handle other financial matters if you should ever become ill or injured for a significant period of time. You will specify to your agent how you want your affairs carried out in a document known as a “Durable Power of Attorney”. There are several types of Power of Attorney structures, each one differing in the time at which they take effect, and the time at which the power ends. It’s important that as an individual you sit down with a legal professional to express your wishes and plans in order to ensure that you select the type which best fits your needs.  

For medical matters, there is a “Health Care Power of Attorney”, which names an individual who you trust to make health care decisions on your behalf if you’re unable to speak for yourself or express your desires.

When naming a Power of Attorney, it’s important to choose an individual who you trust to carry out your intentions. Certain characteristics to consider include an individual’s attention to detail, their understanding of finances, and their ability to collaborate with attorneys, doctors, accountants and other parties, if necessary. 

You should make these decisions while you are healthy and thinking clearly so you can make sure your wishes are carried out when the need arises. Advance planning will also spare your family from having to make difficult decisions on your behalf — often on short notice and in a state of emotional distress. If you are interested is establish a Power of Attorney, the Lawyers at Gaston, Marion, & Stubbs, P.A., are more than willing to draft a Power of Attorney that fits all of your needs. 

Gaston, Marion & Stubbs P.A., is a full-service law firm with an outstanding team of professionals who work diligently, creatively and compassionately on behalf of our clients each day.  With offices in Chester, 803-385-2114, and Richburg, 803-789-2114, call today for a free consultation.

What To Do If The State Has Unclaimed Funds That Belong To You Or A Loved One

If you are faced with a situation in which the State has funds that belong to you or potentially belong to a loved one who has since passed, there is a way to reclaim to those funds. 

In South Carolina millions of dollars are transferred to the State’s unclaimed funds program annually by companies that cannot locate the owners. Examples of the types of property include dormant bank accounts, stock certificates, uncashed checks (including paychecks), insurance proceeds and utility deposits. The property transferred to the Program for safekeeping is held indefinitely until the rightful owners can be located. If the State is holding property belonging to you or potentially which belonged to a loved one who has since passed, you may have the right to claim your property.

If a loved one who has since passed is discovered to have unclaimed funds, the Personal Representative for the estate can make a claim on the property. If the estate has since been closed, we can file a petition the Probate court to reopen the estate in order to ensure that your loved one’s property is distributed the way it was intended to be. 

The issues of unclaimed funds and Probate court in South Carolina can be a tricky one and has serious legal consequences. You should speak with an experienced Greer, South Carolina attorney regarding these issues.

Gaston, Marion & Stubbs P.A., is a full-service law firm with an outstanding team of professionals who work diligently, creatively and compassionately on behalf of our clients each day.  With offices in Chester, 803-385-2114, and Richburg, 803-789-2114, call today for a free consultation.

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If you’re looking for a team of professionals with the patience and dedication needed to provide quality legal services, Gaston, Marion, Stubbs, Hunter & Swancy P.A. can help. Our wide range of litigation services and local presence will leave no room for inconvenience, and with over 50 years of legal involvement, you don’t have to worry about inexperienced attorneys. Contact us to find out more about our legal team and begin receiving the help you deserve.

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