Make a South Carolina Living Will

 A South Carolina living will also names a health care agent who will make your medical decisions during that time. A South Carolina living will must be signed by two witnesses and it must also be notarized. South Carolina laws determine who can and cannot sign as a witness. Witnesses may not:

• Be loved ones related by blood, adoption, or marriage
• Be a lineal ancestor
• Be a descendant of the parents of the person creating the document (the person creating the document is known as the declarant)
• Be a beneficiary of a life insurance policy of the declarant
• Cannot be someone who has a claim against the declarant's decedent's estate as of the time the document is signed
• No more than one witness can be an employee of a health facility where the declarant is a patient
• Be the attending physician or an employee of the attending physician
• Be entitled to inherit from the estate upon their decease, even through intestate succession.

The document must be notarized.

An advance directive is not the same as a power of attorney, health care power of attorney, or durable power of attorney. Although a health care power of attorney can give someone the ability to make decisions on your behalf, it does not allow them to make end-of-life decisions for you. Those can only be accomplished if you complete an advance directive. All South Carolina health care power of attorney forms are governed by the State's Adult Health Care Consent Act.

South Carolina Living Will Law

§ 44-77-10 through § 44-77-160: The South Carolina Death with Dignity Act provides adult residents who are competent with the right to create a written directive for healthcare decisions that may be used during a time when the individual cannot make their own decisions. The document includes language that states "should my death occur in a short period of time..."

Certain forms of healthcare may still be provided without the patient’s consent to relieve suffering, restore a bodily function, or to preserve the health, life, or body integrity of the patient. After the document is created, the declarant maintains the power to revoke the document. They can follow revocation procedures if they wish to make changes to their existing document or revoke it altogether. An oral expression can also occur for oral revocation, but there are specific steps that must be followed. A written revocation signed and dated by the declarant is more efficient.

It is important to include the date of execution of this declaration. It may be helpful should the document be called into question by the probate court.

For individuals residing in a long-term care facility who have questions or concerns, they can contact the Long Term Care State Ombudsman. This office handles abuse allegations, dignity and respect concerns, and many other important issues associated with long-term care facilities. Because the State Ombudsman is an employee of the Office of the Governor, they may act as a witness to an advance directive for residents of a long-term care facility.

A living will is just one part of preparing for the end of life. It is equally important to prepare a South Carolina last will and testament.