745 Downloads

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