Author Archives: Leslie Peters

The Durable Power of Attorney–What Does it Do?

Estate planning isn’t just for the elderly anymore—it’s always a good idea to be prepared for the worst-case scenario. If you are involved in an accident or become ill, you may not be able to handle your finances or manage your assets on your own. If this is the case, then you will need someone to handle your finances on your behalf. This can be accomplished by creating a durable power of attorney.

What is a Durable Power of Attorney?

A power of attorney is a legal document which gives a person rights to perform certain actions on someone else’s behalf. The maker of the document is called the “principal,” and the person appointed on the principal’s behalf is called the “attorney in fact.”

In contrast to many legal documents, a durable power of attorney is still legally binding even if you become incapacitated or unable to make decisions for yourself. In other words, a durable power of attorney is a legal document which appoints an individual of your choosing to act on your behalf in the event that you become unable to manage your own affairs.

What is a Durable Power of Attorney’s Role?

An attorney in fact can be any person that you feel comfortable handling your affairs. This individual can act on your behalf in certain transactions if you are not able to do so. For example, an attorney in fact can act on behalf of the principal to do things such as:

  • Sell a piece of property on behalf of the principal if the principal is incapacitated or unable to come to the closing;
  • Sell vehicles, stocks, or other assets which belong to the principal;
  • Pay bills on behalf of the principal;
  • Manage the principal’s financial assets and property;
  • Apply for benefits such as Medicaid; and
  • File taxes on behalf of the principal;

Don’t Have a Durable Power of Attorney? We Can Help

If you do not have a durable power of attorney in place, the time to create one is now. Don’t wait until it is too late; the Boger Law Firm can help you create a durable power of attorney to protect your assets in the event that you become incapacitated or otherwise unable to manage your own affairs. To schedule a consultation to speak with an attorney about your durable power of attorney, fill out an online contact form or call (803) 252-2880 today.

Owner’s Title Insurance: Is it Worth the Expense?

From lender processing fees and title work to escrowed items and closing costs, buying a home can be more costly than you might expect. As such, you might choose to save money by cutting any optional expenses in the home-buying process. An owner’s title insurance policy, however, is an option which should be carefully considered with any home purchase.

What is Title Insurance?

When a home or piece of property is bought, sold, or mortgaged, the transaction is filed with the Register of Deeds in the county in which the property is located. If you are purchasing a home or piece of property, a title search will be performed in order to ensure that clean title can be given to you for the property.

Although title searches are performed by experienced professionals, they are still human, and certain problems in the chain of title may be overlooked. These errors could cause a “cloud” on your title, meaning that you do not have a clean title to the property.

Should I Purchase an Owner’s Title Insurance Policy?

If you are obtaining a loan through a lender or mortgage broker, a lender’s title insurance policy will be a mandatory expense. The lender’s title insurance policy protects the lender in the event that a defect exists in the title to the property. Such a defect might put the lender’s security interest in the property at risk. This policy will remain in effect until your mortgage is fully paid or refinanced.

If you are purchasing a home or piece of property, an owner’s title insurance policy is an optional policy which you can purchase to protect your own interest in the property. While a lender’s policy protects the lender’s interest in the property, it does not protect your own interest in the property. An owner’s title insurance policy is a one-time purchase—generally just one hundred dollars depending on the price of property—and protects your interest in the property for the entirety of the time that you own your home. If a defect in title is uncovered, your title insurance company will defend your interest in your home, and the insurance company will pay for an attorney if you need one. In short, when it comes to the protection of your home, an owner’s title insurance policy is the wisest expense you could have which you hope you never have to use.

Purchasing a Home? We’re Here to Help

If you are in the process of purchasing a home in South Carolina, the Boger Law Firm is here to help you from contract to closing. Our office has forty years of experience conducting real estate closings, and has performed over 20,000 closings in that period of time. Put your real estate closing into the hands of an experienced attorney—to schedule your closing, fill out an online contact form or call (803) 252-2880 today.

Recovering Compensation Following a Slip-and-Fall Accident

Accidents can happen anywhere for any reason, from a spilled drink in the grocery store to a concealed step in a shopping center. In most cases, we can quickly brush ourselves off after a fall and forget about the incident. Sometimes, however, slip-and-fall injuries can produce severe injuries such as concussions, strains and sprains, and broken bones. If you have been seriously injured due to a property owner’s negligence, you may be entitled to recover financial compensation for your injuries.

What Can I Recover in a Personal Injury Lawsuit? 

If you have been injured following a slip-and-fall accident, you may find yourself overwhelmed with medical bills following your fall. If you have been unable to work as a result of your injuries, the financial stress can become even more overwhelming. A personal injury lawsuit can help you recover financial compensation, otherwise known as “damages,” for the following:

  • Hospital bills, including overnight stays, treatments, and surgical expenses;
  • Costs of medical necessities such as prescription medication, a walker, or wheelchair;
  • Time which you missed from work as a result of your injury, including income which you have lost from being out of work;
  • Physical pain which you experienced after your fall and during recovery; and
  • Emotional pain which you suffered as a result of your injuries, such as depression, anxiety, and/or inability to sleep.

In rare cases, the property owner’s actions—or lack thereof—which caused your injuries may be so egregious that a court wishes to punish the owner for their recklessness. In these cases, additional “punitive” damages can sometimes be rewarded. Punitive damages are not meant to compensate you for the injuries which you suffered; rather, the purpose of punitive damages is to make an example out of the property owner and deter similar conduct in the future.

Injured in a Slip-and-Fall Accident? We Can Help

If you are suffering severe injuries due to a slip-and-fall accident, you don’t need to be told how stressful the aftermath of your injuries can be. Injuries from accidents such as these don’t always end at physical pain; slip-and-fall accidents can take a serious financial toll on your life. If you are considering taking legal action against the owner of the property on which you were injured, you deserve competent representation from a team of attorneys with your best interests in mind. The Boger Law Firm won’t simply treat you as a number; our goal is to provide you with quality representation to earn the maximum amount of damages to compensate you for your injuries. To schedule a free consultation to speak with one of our attorneys, call (803) 252-2880 or fill out an online contact form today.