In SC an adult may prepare a Declaration of a Desire for a Natural Death known as a Living Will to control the health care treatment decisions that can be made on that person behalf
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The South Carolina State Statutes created two forms of advance directives for health care: the South Carolina Declaration of a Desire for a Natural Death also known as a Living Will and a Power of Attorney for Health Care.
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.
A declaration must be signed by the declarant in the presence of 2 witnesses.
THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE 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).
The South Carolina Declaration to Physicians may be revoked at any time by the declarant.
You should make relatives and friends aware that you have signed the document and the location where it is kept. A signed form may be kept in a safe, easily accessible place until needed.
If there is something you do not understand about this South Carolina Living Will Declaration you should consult an attorney.
Before signing this South Carolina Declaration of a Desire for a Natural Death (Living Will) you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want.
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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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