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South Carolina Living Will Declaration

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South Carolina Living Wills Package

© 2016 - U.S. Legal Forms, Inc.

U.S. Legal Forms™ thanks you for your purchase of a Living Wills Package. This package is a useful and necessary tool for making decisions about life support and other medical issues and ensuring that your wishes are implemented. The Living Will package allows you to make the decision of whether life-prolonging medical or surgical procedures are to be continued, withheld, or withdrawn, as well as when artificial feeding and fluids are to be used or withheld. It allows you to express your wishes prior to being incapacitated.

TABLE OF CONTENTS

I. Form List with descriptions

II. Descriptions of Forms

III. Tips on Completing the Forms

IV. Disclaimer

I. FORM LIST

With your Living Will package, you will find the forms that will help you ensure your decisions regarding medical treatment and life support are carried out.

Included in your package are the following forms:

1. Statutory Equivalent of Living Will or Declaration for a Desire of a Natural Death - Statutory

2. Revocation of Statutory Equivalent of Living Will or Declaration

3. Uniform Anatomical Gift Act Donation

4. Statutory Health Care Power of Attorney

5. Revocation of Anatomical Gift Donation

II. DESCRIPTIONS OF FORMS

Brief descriptions of the forms contained in your U.S. Legal Forms™ Living Will package are found below.

Statutory Equivalent of Living Will or Declaration for a Desire of a Natural Death - Statutory

This is a statutory form that is provided in the South Carolina Code of Laws. It allows you to express your wishes and desires regarding whether or not your life is prolonged by extraordinary means or by artificial nutrition or hydration if your condition is determined to be terminal or if you are diagnosed as being in a state of permanent unconsciousness.

Revocation of Statutory Equivalent of Living Will or Declaration

This is a revocation of Form SC-P024 which provides a person's wishes and desires regarding whether or not his/her life is prolonged by artificial means. Specific reference is made to the earlier executed Declaration.

Uniform Anatomical Gift Act Donation

This Uniform Anatomical Gift Act Donation form pursuant to state statutes designates the specific body parts and organs an individual wishes to donate at the time of death. This form must be witnessed and the signature notarized. Any person of sound mind and who is eighteen years of age or more may give all or any part of his body for any purpose by will or by document other than a will.

Statutory Health Care Power of Attorney

With this Health Care Power of Attorney form you may appoint a person to make health care decisions for you when you are not capable of making the decision. This form also contains living will provisions for life support treatment and provisions for making anatomical gifts.

Revocation of Anatomical Gift Donation

This Revocation of Anatomical Gift Donation form is a revocation of Form SC-P025 that designates the body parts and organs an individual wishes to donate at the time of death. If the will, card or other document of gift has been delivered to a specified donee, the donor may amend or revoke the gift by executing and delivering to the donee a signed statement, making an oral statement in the presence of two persons and communicating the same to the donee, making a statement during a terminal illness or injury addressed to an attending physician and communicating the same to the donee or by keeping a signed card or document on his person or in his effects. Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out above or by destruction, cancellation, or mutilation of the document and all executed copies thereof. An anatomical gift made by a will may be amended or revoked in the manner provided for amendment or revocation of wills, or as set out above. Specific reference is made to the earlier executed Anatomical Gift Donation.

If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may also wish to visit our legal definitions page at http://definitions.uslegal.com/

III. TIPS ON COMPLETING THE FORMS

The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.

It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible.

By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.

IV. DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer:

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Optional Reader Information

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Date reviewed:

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What the South Carolina Living Will Declaration Is

The South Carolina Living Will Declaration is a legally recognized advance directive that records an adult's preferences about life-sustaining medical treatment if they become terminally ill or permanently unconscious and unable to communicate. It allows an individual to specify which treatments to accept or refuse, such as mechanical ventilation, artificial nutrition and hydration, and cardiopulmonary resuscitation. The document complements a health care power of attorney but typically does not appoint an agent. Because statutes and signing requirements vary, it should be completed according to South Carolina law and reviewed with a health care provider or attorney.

Why a South Carolina Living Will Declaration Matters

A South Carolina Living Will Declaration ensures your end-of-life treatment preferences are documented in advance, reducing uncertainty for clinicians and family. It preserves autonomy over life-sustaining decisions, clarifies medical choices, and can streamline hospital decision-making when you cannot speak for yourself.

Why a South Carolina Living Will Declaration Matters

Who Typically Completes This Declaration

Typical users who benefit from completing this document include adults with chronic illness, older adults, and anyone seeking to record medical wishes in case of incapacity.

  • Adults aged 18+ who want documented preferences for life-sustaining treatment.
  • Family members coordinating care for an incapacitated loved one immediately.
  • Healthcare agents or attorneys preparing complementary documents and medical directives.

Consider legal review if your situation is complex, or if you also need a health care power of attorney or other advance directive.

Step-by-Step: Complete and Authenticate the Declaration

Follow these steps to complete and authenticate your South Carolina Living Will Declaration reliably and in proper legal order.

  • 01
    Prepare Document: Choose state-approved form or attorney-drafted version.
  • 02
    Complete Fields: Enter names, DOB, treatment choices, and contact details.
  • 03
    Witness/Notary: Sign in presence of required witnesses and notary as South Carolina law requires.
  • 04
    Distribute Copies: Give originals to your provider, agent, and keep a certified copy.

How to Configure an Online Completion Workflow

Configure an online form workflow to capture required fields, enforce witness steps, collect notarization, and automate distribution while preserving audit trails.

Field Configuration
Signer Authentication Method and Level Email link plus SMS code verification
Witness Verification Procedure Details and requirements Require witness name and printed address
Notary Capture and Acknowledgment Steps Collect notarization lines and stamp image
Distribution Automation and Audit Trail Auto-send certified copies and record audit trail

Where to File, Send, or Submit Copies

Typical routing for a South Carolina Living Will Declaration includes medical providers, personal representatives, and secure storage; follow statutory submission guidance to ensure accessibility at point of care.

  • Primary Physician: Deliver a signed copy to the primary care physician.
  • Hospital Records: Provide a certified copy on admission to hospital.
  • Health Agent: Give copies to appointed health care agent and alternates.
  • Attorney/Recorder: File or store a certified copy with your attorney.

Digital Signing and Platform Requirements

Digital signing options must meet authentication and record-retention standards required for advance directives and healthcare records under HIPAA and state law.

  • File Formats: PDF/A recommended for long-term preservation
  • Integrations: Works with EHRs and cloud storage
  • Authentication: Multi-factor options and audit trail

Timelines and Important Execution Dates

Key timing considerations for executing, updating, and revoking a South Carolina Living Will Declaration to ensure current wishes are honored.

When to Sign the Document:

Sign while competent and over 18

Update After Diagnosis or Change:

Review and revise upon major health changes

Recommend Annual or Event-Driven Review:

Review annually or after major medical or relocation events

Revocation Timing and Notice Procedure:

Execute new directive or destroy original while competent

Immediate Provider Notification Upon Execution:

Give copies immediately to providers and agent

Common Preparation Mistakes to Avoid

  • Using vague language such as 'do not prolong life unnecessarily' instead of specifying treatments; ambiguity can lead to unintended interpretation by clinicians and family.
  • Failing to update the document after diagnosis changes or relocation; an outdated living will may not reflect current wishes or comply with local law.
  • Using inconsistent language between a living will and a health care power of attorney; conflicts can create disputes about which document controls.
  • Overlooking witness or notarization requirements, including witness disqualifications (e.g., beneficiaries), which may render the declaration invalid when presented to medical providers.

Risks and Consequences of Improper Execution

Invalid Execution: May render document void
Treatment Delays: Clinical uncertainty can delay care
Family Disputes: Increased litigation risk
Probate Complications: Self-proving missing complicates probate
Revocation Confusion: Unclear revocation leads to conflict
Incorrect Witnesses: Disqualifying witnesses invalidate form

Required Information and Quick Field Checklist

Full Legal Name: As on government ID
Date of Birth: Enter as MM/DD/YYYY format
Residential Address: Street, city, state, ZIP
Treatment Preferences: Accept or refuse options
Witness Signatures: Two adult witnesses typical
Notary Acknowledgment: Notary or self-proving affidavit

Practical Examples of Use

Two practical examples show how a South Carolina Living Will Declaration is completed, certified, and used by medical teams and families during decision-making.

Hospital Admission Case

A 76-year-old patient completed a living will prior to surgery to specify refusal of prolonged ventilation and postoperative life-sustaining measures.

  • Healthcare team documented and honored directives immediately.
  • Because the document was witnessed and added to the medical record on admission, clinicians avoided uncertain delays and the family could focus on care alignment rather than decision disputes and communication.

Long-Term Care Planning

A 62-year-old with progressive neuromuscular disease executed a living will and shared certified copies with physician and long-term care facility.

  • Facility placed form on active chart.
  • The facility applied the stated preferences during crisis, coordinating with the appointed agent and ensuring documentation complied with state witness and notarization requirements, which reduced transfer delays and legal review needs.

eSignature Vendor Comparison for Execution and Storage

A vendor comparison of common pricing and compliance attributes for eSignature solutions when executing a South Carolina Living Will Declaration.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions and Troubleshooting

Answers to common questions about validity, witnesses, notarization, updates, electronic signing, and where to store a South Carolina Living Will Declaration.


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