South Carolina Advance Directive Form

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A South Carolina advance directive guides healthcare providers during a person’s incapacitation and names an agent who may provide further instructions on their behalf. It indicates if the preparer wants to receive life-sustaining treatments and describes the situations in which they prefer to receive them.

South Carolina Advance Directive Form

A South Carolina advance directive guides healthcare providers during a person’s incapacitation and names an agent who may provide further instructions on their behalf. It indicates if the preparer wants to receive life-sustaining treatments and describes the situations in which they prefer to receive them.

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Last updated May 8th, 2024

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A South Carolina advance directive guides healthcare providers during a person’s incapacitation and names an agent who may provide further instructions on their behalf. It indicates if the preparer wants to receive life-sustaining treatments and describes the situations in which they prefer to receive them.

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Signing Requirements

A medical power of attorney must be signed by two witnesses.[1]

A declaration (living will) must be signed by two witnesses and a notary public.[2]

The witnesses cannot be:

  • Related to the principal in any way.
  • Financially responsible for the principal’s medical care.
  • A beneficiary or heir to the principal’s estate or life insurance policy.
  • The principal’s healthcare agent.
  • A person with a claim against the principal’s estate.
  • The principal’s physician or their employee.

No more than one witness can be an employee of the principal’s medical facility.

Advance Directive (Preview)

South Carolina Advance Directive

Revocation

Living Will

A principal can revoke a living will by destroying it (or having someone else do so) or by a written or oral revocation.[3] An incapacitated principal’s agent can revoke a living will by written or oral statement. Revocations take effect upon notifying the physician.

Medical Power of Attorney

An individual can revoke their health care power of attorney by any method that communicates to their agent or physician an intention to do so.[4]

Sources

  1. § 62-5-503(3)
  2. § 44-77-40(2)
  3. § 44-77-80
  4. § 62-5-512(a)