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All references made in accordance with
South Carolina Code of Laws,
Section 62-5-504, par.44-77-50
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 Power of Attorney for Health Care
Declaration of a Desire for a Natural Death (Living Will)
An agent
Witnesses
Principal
Health care provider
Life-sustaining procedure
Permanent unconsciousness
It is not mandatory that you have an Advance Health Care Directive, however it is highly recommended. Federal law requires that you be told of your right to make an advance directive when you are admitted to a health-care facility.
South Carolina law provides for two types of an advance health care directive: Living Will that is called a "Declaration of a desire for a natural death" in SC; and a Health care power of attorney. You may purchase either of this form or both forms in one package.
Power of attorney for health care
South Carolina legislature adopted a Health Care Power of attorney form that addresses the following subjects:
Appointment of a health care agent and an alternate agent in case a primary agent is unable to perform; Organ Donation desires; Statement of desires and special provisions with respect to life sustaining treatment;
According to South Carolina law no person may be required to sign a health care power of attorney as a condition for coverage under an insurance contract or for receiving medical treatment or as a condition of admission to a health care or nursing care facility.
Power of attorney for health care is an important legal document. Before signing this document, you should know these important facts:
- This document gives the person you name as your agent the power to make health care decisions for you if you cannot make the decisions for yourself. This power includes the power to make decisions about life-sustaining treatment. Unless you state otherwise, your agent will have the same authority to make decisions about your health care as you would have.
- This power is subject to any limitations or statements of your desires that you include in this document. You may state in this document any treatment you do not desire or treatment you want to be sure you receive. Your agent will be obligated to follow your instructions when making decisions on your behalf. You may attach additional pages if you need more space to complete the statement.
- After you have signed this document, you have the right to make health care decisions for yourself if you are mentally competent to do so. After you have signed this legal document, no treatment may be given to you or stopped over your objection if you are mentally competent to make that decision.
- You have the right to revoke this document, and terminate your agent's authority, by informing either your agent or your health care provider orally or in writing.
- If there is anything in this document that you do not understand, you should ask a social worker, lawyer, or other person to explain it to you.
- This power of attorney will not be valid unless two persons sign as witnesses. Each of these persons must either witness your signing of the power of attorney or witness your acknowledgement that the signature on the power of attorney is yours.
The following persons may not act as witnesses :
- Your spouse; your children, grandchildren, and other linear descendants; your parents, grandparents and other linear ancestors; your siblings and their linear descendants or a spouse of any of these persons.
- A person who is directly financially responsible for your medical care.
- A person who is named in your will, or, if you have no will, who would inherit your property by intestate succession.
- A beneficiary of a life insurance policy on your life.
- The persons named in the health Care Power of Attorney as your agent or successor agent.
- Your physician or an employee of your physician.
- Any person who would have a claim against any portion of your estate (persons to whom you owe money).
If you are patient in a health facility, no more than one witness may be an employee of that facility.
- Your agent must be a person who is 18 years old or older and of sound mind. It may not be your doctor or any other health care provider that is now providing you with treatment, or an employee of your doctor or provider, or spouse of the doctor, provider, or employee, unless the person is a relative of yours.
- You should inform the person that you want him or her to be your health care agent. You should discuss this document with your agent and your physician and give each a signed copy. If you are in a health care facility or a nursing care facility, a copy of this document should be included in your medical record.
Before you start working on this Power of attorney you need to know these important definitions:
"Health care power of attorney" means a durable power of attorney executed in accordance with this Section 62-5-504.
"Principal" means an individual who executes a health care power of attorney. A principal must be eighteen years of age or older and of sound mind.
"Health care provider" means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care.
"Life-sustaining procedure" means a medical procedure or intervention which serves only to prolong the dying process. Life-sustaining procedures do not include the administration of medication or other treatment for comfort care or alleviation of pain. The principal shall indicate in the health care power of attorney whether the provision of nutrition and hydration through medically or surgically implanted tubes is desired.
"Permanent unconsciousness" means a medical diagnosis, consistent with accepted standards of medical practice that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem.
Declaration of a desire for a natural death (Living Will):
According to SC Statute, an adult may prepare a written statement known as a Declaration of a desire for a natural death to control the health care treatment decisions that can be made on that person's behalf. You may use the living will as part of or instead of a health care power of attorney.
In this Declaration you make known your desires regarding life support treatment if you become unconscious or terminally ill. You may also appoint a health care agent to make these decisions for you.
If there is anything about this South Carolina Advance Health Care Directive that you do not understand, you should ask a lawyer to explain it to you.
You should talk with your family, your health-care professional, and any agent or attorney-in-fact that you appoint
about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier
to follow your wishes. If you cancel or change the South Carolina Advance Health Care Directive in the future, remember to tell these same people about the change or cancellation.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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How a Health Care Declaration and Health Care Power of Attorney Work
It would be in your best interest to create ...
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Choosing Living Will and Health Care Directive
In the aftermath of the Terri Schiavo court case, many people have ...
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Help Doctors with a Living Will
In 1969 an attorney (Louis Kutner) came up with the idea of a living will. It was response to paranoid ...
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