Adult Health Care Consent Act
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The Adult Health Care Consent Act is a South Carolina law that may provide legal authority for certain people (e.g., spouses, children or parents) to make health care decisions for an adult who cannot make or communicate such decisions. For more information, see S.C. Code Ann. § 44-66-10 et seq. http://www.scstatehouse.gov/code/t44c066.php
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Adult Students With Disabilities Educational Rights Consent Act
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The Adult Students with Disabilities Educational Rights Consent Act provides alternatives to guardianship for students receiving special education services from age 18 to 21. For more information on the alternatives for educational decisions, see S.C. Code Ann. §§ 59-33-310 to 59-33-370.
More information is available through the Department of Education’s website:
http://ed.sc.gov/newsroom/school-district-memoranda-archive/adult-students-with-disabilities-educational-rights-consent-act/adult-students-with-disabilities-educational-rights-consent-act-memo/
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Case/care management
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Case or care managers are people who have been trained to assist with personal care.
Examples of assistance may include:
- arranging health appointments
- managing medication
- helping with paperwork and
- assisting with transportation.
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Durable Power of Attorney (DPOA)
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A durable power of attorney (DPOA) is a legal document that may give another person the authority to make decisions on your behalf. This document may affect property, assets, money, debts, health care, and pets. For more information, see S.C. Code Ann. § 62-5-501 http://www.scstatehouse.gov/code/t62c005.php
Note: When you die, the DPOA is no longer valid.
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Health Care Advance Directive
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A health care advance directive may combine the health care power of attorney and living will documents into one document.
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Health Care Power of Attorney
(HCPOA)
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A health care power of attorney (HCPOA) is a document that allows you to name another person to make health care decisions if you are unable to do so. The document may include guidance about the type and extent of health care desired. For more information, see https://aging.sc.gov/programs-initiatives/legal-assistance-seniors
Note: When you die, the health care power of attorney is no longer valid.
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Joint Ownership
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Joint ownership occurs when more than one person has authority over assets, such as bank accounts, house/land (called real property), and vehicles.
Note: There are several types of joint ownership and the particular type used could affect ownership of the property after death of a joint owner.
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Living Will
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A living will is a very limited document that controls treatment you do or do not want when you are about to die.
In South Carolina, a living will is also known as a Declaration of Desire for a Natural Death. For more information, see https://aging.sc.gov/programs-initiatives/legal-assistance-seniors
Note: This document is not the same as your Last Will and Testament. This document is not the same as your Health Care Power of Attorney (HCPOA).
Note: When you die, the Living Will is no longer valid.
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Money Management
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Money management services help people with their financial affairs, including check depositing and writing, checkbook balancing, bill paying, insurance claim preparation, tax preparation and counseling, and public benefit applications and counseling.
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Protective Order
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A Protective Order may protect your assets from fraud or theft and other protections as ordered by the Probate Court.
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Representative Payee
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A representative payee is appointed by a government agency to receive, manage and spend government benefits for a beneficiary. The representative payee’s authority is limited to only the government funds. Usually, this applies to Social Security. For more information, see http://www.socialsecurity.gov/payee/
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Supported Decision Making
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Utilizing supports and assistance to help a person with a disability to make decisions can be used as an alternative to guardianship. Supported Decision Making can be formalized through an agreement or it can be informal, like seeking the advice of a doctor or talking over a big decision with family.
More information on Supported Decision Making is available at
http://www.able-sc.org/sdm/ or
http://supporteddecisionmaking.org
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Trust
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A trust is a legal document that gives authority to a person called a Trustee to manage some or all of your assets for you or another person’s benefit.
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U.S. Department of Veterans Affairs: Fiduciary Program
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A fiduciary is appointed when a Veteran or other beneficiary is no longer able to manage their finances. The fiduciary must undergo an investigation of their suitability to serve, which includes a criminal background check, review of credit report, personal interview, and recommendations of character references. The fiduciary is responsible to the beneficiary and oversees financial management of VA benefit payments. See http://benefits.va.gov/fiduciary/
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