Living Wills and Advance Directives in South Carolina

South Carolina's living will is the 'Declaration of a Desire for a Natural Death' under the Death with Dignity Act. It must be substantially in the statutory form (S.C. Code § 44-77-50), dated and signed by the declarant in the presence of an officer authorized to administer oaths (such as a notary) and two witnesses (one of whom may be the notary). The witnesses state in an affidavit that they are not related to the declarant by blood, marriage or adoption, not directly financially responsible for the declarant's medical care, not entitled to any part of the estate, not a beneficiary of the declarant's life insurance, and the statute limits how many may be employees of the treating facility. It applies when the declarant has a terminal condition or is permanently unconscious.

South Carolina uses a health care power of attorney. It must be dated and signed by the principal and by at least two qualified witnesses (for example, not certain relatives, not the attending physician or that physician's employee, not financially responsible for the principal's care, and no more than one employee of the treating facility). A statutory form is provided. A document with the principal's signature, two qualified witnesses and a notary's attestation, naming the agent and the decisions covered, is deemed to comply.