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A South Carolina living will is often referred to as a declaration of a desire for a natural death or an advance directive. It is a legal document governed by the State of South Carolina. The purpose of a South Carolina living will is to list your wishes related to medical care in the event you are declared incapacitated. This document is consulted when you are not able to make your own medical decisions because of the dying process. Generally, this occurs because of a terminal condition, a state of permanent unconsciousness (also known as a condition of permanent unconsciousness), a persistent vegetative state, or an incurable injury. Of course, this is not a full list of conditions. Some of the instructions related to medical care and medical procedures you should include are your instructions concerning artificial nutrition and hydration, other life-sustaining treatment, the use of life-support and when or if it should be withdrawn, whether you have a do not resuscitate order (DNR), and your comfort care wishes. Your wishes will be honored whether you live in a nursing care facility, nursing home, hospital, hospice care, or you are in your home.
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:
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.
§ 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.
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