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The South Carolina Advance Directive originates a written instrument to establish a preemptive understanding of the preferred actions to take for an individual’s future health treatment options. The contractual agreement consists of two separate commitments, a living will and a medical care power of attorney. The medical power of attorney portion initiates the designation of an alternate person to take charge of health care choices in cases where the principal party should become incapacitated. The living will section creates a guide to record the declarant’s wishes surrounding possible scenarios to assist medical professionals should circumstances arise where they can no longer speak for themselves. This creates an opportunity for the issuing participant to mark their desired preference regarding resuscitation, life-support, and pain management for future reference. Signatures must be affixed under the supervision of an appointed notary, along with the attestation of two (2) witnesses.
Laws
Statute – South Carolina Death With Dignity Act (§ 44-77) and South Carolina Statutory Health Care Power of Attorney Act (§ 62-5-5)
Definitions – “Agent” or “health care agent” means an individual designated in a health care power of attorney to make health care decisions on behalf of a principal (§ 62-5-501(1)).
Signing Requirements – The execution of the document will need to be corroborated by two (2) disinterested witnessing parties and notarized by a licensed official to create legal standing (§ 62-5-503(3) and § 44-77-40(2))
Revocation – § 44-77-80 and § 62-5-512
Other Versions (5)
- AARP (Caring Connections)
- Five Wishes (Aging with Dignity)
- Prepare for Your Care
- Spanish Version
- University of South Carolina
AARP (Caring Connections) Version
Download: Adobe PDF
Instructions: Adobe PDF
Five Wishes (Aging with Dignity) Version
Download: Adobe PDF
Information: Adobe PDF
Prepare for Your Care Version (also available in Spanish/en Español)
Download: Adobe PDF
Download: Adobe PDF
University of South Carolina Version
Download: Adobe PDF
Additional Resources
- Absolute Total Care – Advance Directive
- AnMed Health – Making Medical Decisions
- Atrium Health – About Advance Care Planning
- Donate Life South Carolina – Organ Donation FAQ’s
- Hands on Health South Carolina – Advance Directives
- Morton & Gettys Attorneys at Law – Making Your Final Wishes Known
- Lieutenant Governor’s Office on Aging – Advance Directives Guide
- Lexington Medical Center – Health Care Decisions Guide
- Prisma Health – Advance Directives
- Regional Medical Center – Advance Directives
- South Carolina Department of Health – POST Act FAQ’s
- South Carolina Department of Mental Health – Psychiatric Advance Directive
- St. Luke’s Hospital – Advance Directives
- University South Carolina – Advance Directives
Related Forms (5)
- Advance Directive Wallet Card
- Declaration for Mental Health Treatment
- Do Not Resuscitate (DNR) Form
- Durable (Financial) Power of Attorney Form
- POST Form
Download: Adobe PDF
Declaration for Mental Health Treatment
Download: Adobe PDF
Do Not Resuscitate (DNR) Order 
Download: Adobe PDF
Information: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)
Physician Orders for Scope of Treatment (POST) 
(also available in Spanish/en Español)
Download: Adobe PDF
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