Giving another person power of attorney in Orangeburg South Carolina is sometimes necessary, but should only be done after learning about the different types of power of attorney and the associated legal ramifications. In discussing this subject with clients (or those I am advising), I usually explain the importance of executing a power of attorney in certain circumstances. I also provide the options for powers of attorney, and consequences. This usually comes as I am discussing estate planning, and considerations for both usually run together. Power of attorney is given to another to give that person the ability to make critical decisions and take critical actions on one's behalf, usually due to the inability of the person giving power of attorney.

The law in South Carolina now allows for providing a power of attorney which (POA) will continue beyond the mental incapacity of the person giving POA. This is called a "durable" POA. One is not required to give a durable POA and may decide they don't want the POA to go beyond incapacity. The person giving POA can also decide what powers to give. A "general" POA gives all powers for signing financial (business, real estate, and banking) related documents. However, the POA can be tailored to offer only specific powers. For example, a POA that allows the person receiving the power of attorney to sign certain specific real estate documents. The most wide-ranging POA would be a general durable Power of Attorney, which gives all powers in survives incapacity to the point of death. A limited non-durable POA would be restrictive. The Power of Attorney Document must be signed in front of two witnesses, notarized, and registered in the County Register of Deeds before it will be accepted by businesses as authoritative. That's why it is important to execute a POA with an attorney.

The Bill Connor Law Firm wants you to know, It's important to remember that in giving another a general and durable power of attorney, that person has the power to take all financial related actions as though they were the person who provided power of attorney. Yes, that means the person must be trusted, as they can go to a bank and clear out accounts among other things. Even with a limited POA for certain business transactions, the person can do anything within the scope of the POA and will not be questioned by the respective business. This can be necessary when someone is in a position they cannot conduct business, for example when I was mobilized for over 15 months for a deployment to Afghanistan I had to allow my wife general durable POA. It can also be for when one is in the hospital in a limited state of ability.

Of course, POAs can be revoked, but that requires the same requirements of two witnesses and notary and registration with the Register of Deeds.

A general durable or more limited POA allows for handling financial matters. Another type of power of attorney allows for making health care decisions for another when incapacity prevents the person giving POA from giving his wishes. This is similar to a living will, as it deals with situations in which the person giving POA is being kept alive by either life-sustaining support or forced hydration/nutrition. The Health Care POA also allows for the decision to donate organs after death. This POA giving three options to the person providing POA: 1. Discretion to the POA holder. 2. Directive not to continue life-sustaining support or forced hydration/nutrition. 3. Directed to continue all life sustainment or forced hydration/nutrition. Most giving POA will just give the decision-making to the person receiving POA.

In all cases of giving Power of Attorney in Orangeburg SC, whether general durable, limited, or health care POA, it is critical to have trust in the person receiving Power of Attorney. It is also critical to discuss the POA with the person who will be acting on one's behalf. They will need guidance to act appropriately. This is something to prayerfully consider, and ensure it is done right.

If you are in need a Lawyer in Orangeburg SC Call The Bill Connor Law Firm at 803-937-5571

Slip and Fall in Orangeburg South Carolina

 


Slip and Fall accidents can happen anytime, anyplace, and anywhere, even at your job or in a place of business. The factors that cause these accidents are usually when a floor is slippery and wet or if there is an obstruction in the walkway that causes you to trip. No matter what the situation, if a person is injured due to a slip and fall the employer or business may be held liable for those injuries. There are several factors to consider when determining whether or not a person is eligible for a slip and fall lawsuit such as negligence and liability. Also, there are several common injuries associated with slip and fall accidents; the compensation is awarded for different kinds of damage, for example, attorney fees, medical bills, as well as pain and suffering.

The chief considerations that determine the outcome of slip and fall claims in Orangeburg SC, revolve around three particular questions. First, who is the people/business that is liable for the accident? Second, Was the responsible party negligent or otherwise contribute to the incident? And finally, did the injured person cause or add to their accident in any way.

What do we mean by negligence?
Negligence is when the safety of others is disregarded by failure to act as any other reasonable person would. For instance, if a pothole or uneven surface created a dangerous situation. The primary attribute in this example is whether or not a reasonable person knew about the dangerous or potentially hazardous conditions and if the liable party had the opportunity to improve the conditions prior to the accident. The task then is to prove whether or not the responsible property owner specifically caused the dangerous situation themselves and if it was clearly understood that a person could suffer an injury due to the situation.

Things such as inadequate lighting and limited visibility are also factors that contribute to the determination of negligence in a slip and fall case. Plaintiffs are overwhelmed with the responsibility of proving that the liable party could have taken some other action to prevent the accident but declined to do so. They must also show that even if there was a legitimate reason for the obstruction to be present, that the justification was no longer valid at the time that the injury took place also that no preventive measures were made to prevent the disaster. While the difficulty of proof lies with the plaintiff, the facts of the case will present the affirmations or declarations necessary to determine the level of negligence committed.

How to provide proof that someone is liable?
To prove that someone is liable, they must have a legal responsibility for the property. A property owner or business owner would have to usually assume liability for an accident that occurs in their place of business except in the case that they have insurance that would relieve them of that liability. In the case, the owner or employer insurance company would assume, and therefore the plaintiff would have to file a suit against them instead of the insured.

Where you at fault in an accident in Orangeburg SC?
While there may have been dangerous conditions present at the time of the slip and fall, the plaintiff must be free from guilt to place all of the liability on the defending party. If the injured party added to the accident in any way, they must accept their part of the liability, which usually repeals the assumption of full responsibility by the property or business owner.

Some states recognize contributory fault laws and will not award a settlement to a plaintiff if there is any degree, no matter how small, of partial blame on the part of the injured person. These states enforce similar negligent laws and will award compensations in cases where there is partial negligence and will reduce the settlement in balance to the percentage of liability. Determining partial liability on the part of the injured person is determined by the engagement, access, and warnings provided to the plaintiff. For example, if a person is distracted by talking or texting on the phone, they may be found personally liable. If the accident happened in a restricted area in which the plaintiff was not given access to, or if they disregarded warning signs posted in the area, those issues may also present a case of partial liability.

What are some typical injuries associated in slip and fall incidents?

Slip and fall accidents can result in wounds that range from just minor bumps and bruises to in some cases permanent disabilities. While many injuries can be suffered as a result of slip and fall accidents, there are a few injuries that are more common involving the head, neck, back, and pelvic areas.

What are the categories of compensation?

General compensatory damages are most likely to be awarded in slip and fall cases. These types of awards serve to repay an injured party for damages that are considered non-monetary.

These damages include:
Pain and Suffering
Mental Anxiety
Loss of Companionship
There are special compensatory damages that are awarded in cases where monetary expenses are acquired on behalf of the injured person as a direct result of the injury. The purpose is to make the plaintiff whole again and restore their financial situation to where it was before the accident.

These compensatory damages include:

Medical bills
Lawyer fees
The cost of future medical services
Household bills

In conclusion, there are many factors to consider when determining slip and fall settlements. Negligence and liability are two of the significant components of discovery, but the plaintiff must be free from blame for the injuries. To see if you qualify for Slip and Fall Compensation, call the Bill Connor Law Firmin Orangeburg SC Today!

The Bill Connor Law Firm

1408 Russell St

Orangeburg, SC 29115

EMAIL: This email address is being protected from spambots. You need JavaScript enabled to view it.

PHONE: 803 937 5571

Office Hours

SUNDAY CLOSED

MONDAY 8:30 AM to 5:00 PM

TUESDAY 8:30 AM to 5:00 PM

WEDNESDAY 8:30 AM to 5:00 PM

THURSDAY 8:30 AM to 5:00 PM

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