South Carolina Insurance Legal Questions

A power of attorney is a document stating that you are an agent for another, and can make decisions for him.  However, a power of Attorney expires at death. Did your father leave a will in which he named a personal representative who would then present the death certificate to the insurance company.  The answer to you other question is that the hospital bill should be paid (minus deductible) by your father's health insurance.  All debts must be paid by your father's estate within a certain time.  You are not responsible for your father's debts once his estate (all he owned both real property and personal property) is used. Regards, I am Dr. Michael G. Sribnick, Esq.  Lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

This answer does not create an attorney/client relationship.  I am a S.C. lawyer and board certified internist physician.  If you wish to protect the public and believe she is unsafe to others, the better way to do this was to not place her on the road in the first place.  I agree this is a difficult problem, but you could have spoken to your mothers physician.  This physician could have explained to your mother that she cannot drive.  You do not state whether or not you have a durable power of attorney making you your mothers conservator.  If so, and it can be shown that you deliberately placed your mother on the road, knowing that she was an unsafe driver, you could be held responsible and liable.  Again, I understand and sympathize with your predicament; but it could have been better handled by her physician. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

I am a S.C. Attorney and a board certified internist.  My answer does not create an attorney/client relationship, nor do I solicit clients.  Your question lacks the details of exactly what occurred and, therefore, can not be adequately answered.  In S.C. you must establish that (1) the insurer or its agent made a false representation to your grandmother; (2) the insurer or its agent had a monetary interest in making the statement; (3) the insurer or its agent had a duty to communicate truthful information to your grandmother; (4) the insurer or its agent breached that duty; (5) your grandmother justifiably relied on this information; and (6) that your grandmother suffered a monetary loss as a result of relying on this information.  I suggest that you see an attorney who, like myself, does insurance litigation. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More