Yes, there’s a major difference between a healthcare power of attorney (in South Carolina, a healthcare power of attorney accomplishes the aim of a living will and is best) and a last will and testament, and confusing the two can lead to serious legal and medical complications.
Here’s the key distinction:
- A last will and testament controls how your property and assets are distributed after your death.
- A healthcare power of attorney explains your medical care preferences for end of life decisions while you’re still alive but incapacitated.
In other words, one speaks after your death, and the other speaks while you’re still living but unable to make decisions for yourself.
At The Bill Connor Law Firm, we help South Carolina families build comprehensive estate plans that include both of these vital documents — and we ensure you understand what each one means for your future and your family.
What Is a Last Will and Testament?
A last will and testament is what most people think of when they hear the word “will.” It is a legal document that outlines your final wishes after death.
A valid last will and testament in South Carolina can:
- Name who receives your property and assets
- Appoint a guardian for your minor children
- Designate a personal representative (executor) to handle your estate
- Explain how debts and taxes should be paid
- Include specific bequests for sentimental items or donations
This document takes effect only after your death and must go through the probate process in South Carolina. If you die without a will, state intestacy laws determine who inherits your property — and it might not reflect your intentions.
What Is a Healthcare Power of Attorney?
A healthcare power of attorney (HPOA), also known as an advance directive for healthcare, is a legal document that lets you express your wishes for medical treatment in case you are no longer able to communicate those wishes yourself.
In South Carolina, a HPOA can:
- Specify whether you want life-sustaining treatment (ventilators and feeding tubes)
- Explain your preferences for organ donation
- Grant Power of Attorney to someone to make end of life decisions on your behalf when you cannot communicate.
It becomes effective only while you are alive and mentally or physically unable to make your own healthcare decisions — due to coma, terminal illness, brain injury, or other conditions. It has no effect after death and does not deal with your assets or property.
Why You Need Both in a South Carolina Estate Plan
Many people think they’re covered because they have a will. But if you only have a last will and testament, your family could face devastating legal and medical challenges if something happens while you’re alive but incapacitated.
Why both are essential:
- Healthcare POA = protects your medical decisions and dignity while alive
- Last will and testament = controls your estate and children’s future after death
Without a living will:
- Family members may argue over what treatment you would have wanted.
- Doctors may provide or withhold life-sustaining care that conflicts with your beliefs.
- Courts may have to intervene to appoint a guardian or make decisions.
Without a last will:
- The state decides who inherits your property.
- Minor children may be placed with someone you wouldn’t have chosen.
- Probate can become lengthy, expensive, and emotionally draining.
With both documents in place, your loved ones are protected, your wishes are honored, and your legacy is secure.
How The Bill Connor Law Firm Helps You Prepare Both
At The Bill Connor Law Firm, we don’t believe in one-size-fits-all documents. We take the time to understand your:
- Family situation
- Health concerns
- Financial goals
- Spiritual and ethical values
Then we help you create:
- A Last Will and Testament that protects your family and directs your legacy
- A Power of Attorney to name someone to take financial actions on your behalf for the event you are not able
- A Healthcare Power of Attorney to name someone you trust to make decisions if you cannot
With offices in Orangeburg and clients across South Carolina, Bill Connor is known for his attention to detail, compassionate guidance, and legal clarity — especially in tough personal matters like estate and end-of-life planning.
FAQ: Living Will vs. Last Will and Testament
- Do I need both a living will and a Healthcare POA?
Yes. Each serves a different purpose. A living will handles healthcare decisions while you’re alive. A last will handles your property and affairs after death.
- Can I change my HPOA or last will later?
Absolutely. As long as you are mentally competent, you can revoke or revise either document at any time.
- Is a HCPOA legally binding in South Carolina?
Yes. South Carolina recognizes living wills and honors advance directives as long as they comply with state law and are properly signed and witnessed.
- Who should I choose as my healthcare agent?
Choose someone you trust to make medical decisions in line with your wishes. This is typically a spouse, adult child, or close friend.
- Will my family be able to override my living will?
No. If the document is valid and you’ve made your wishes clear, your healthcare providers must follow it — even if family members disagree.
- Does a living will affect my ability to receive pain relief?
Not at all. You can specify in your living will that you want full pain management and comfort care even if you decline life-prolonging treatments.
- Does a HPOA need to be notarized in South Carolina?
Not necessarily. South Carolina law requires two adult witnesses, but notarization is recommended to avoid challenges and help with recognition across state lines.
- Can my last will appoint someone to make medical decisions?
No. Only a healthcare power of attorney or living will can do that. Your last will only takes effect after you die.
- What happens if I don’t have a HPOA?
Medical decisions may be made by default according to South Carolina law — often by your spouse or next of kin. If there is disagreement or no family available, the court may get involved.
- How can Bill Connor help me with these documents?
Bill Connor offers personalized estate planning services, helping clients create legally enforceable wills, living wills, and healthcare powers of attorney to protect their future and loved ones.
Plan Ahead with Confidence and Clarity
Estate planning isn’t just about distributing your property — it’s also about protecting your voice, your values, and your dignity. A complete plan includes both a Last Will and Testament and a HPOA.
Don’t leave your future to chance or let your family guess what you would have wanted. At The Bill Connor Law Firm, we walk you through every step of the estate planning process, ensuring your documents are legally valid, spiritually aligned, and built to last.
Call today to schedule a consultation and start planning for both life — and what comes after.
