South Carolina Living Will Form

The South Carolina living will is a legal document (also called an “Advance Directive”) that would be utilized by a person (Principal) who would like to prepare in advance, in the event of any scenario that may leave the Principal with the inability to communicate their wishes for health care. The Principal will have legally recorded how they would like their medical treatments, any additions or withdrawals by medical professionals. This document will also allow the Principal to assign their selected Agent, who will then decide on behalf of the Principal. Once completed, the document will require two (2) witnesses who must sign a witness affidavit and notarization. As long as the Principal is of sound mind, they may make changes or revoke the document as they determine to be necessary.

Laws – South Carolina Code of Laws 44-77-10, et seq.: Death with Dignity Act

How to Write

Step 1 – Download the document of declaration – begin by entering:

  • The Principal’s (declarant) name
  • Principal’s Social Security Number (required)
  • City of residence
  • County of residence
  • Date the document in dd/m/yy format
  • The Principal must read the remainder of this section. In the event the Principal does not agree with any portion of the information, they may strike through it and it will no longer be a part of the conditions or Principal’s requirements

Step 2 – Instructions Concerning Artificial Nutrition and Hydration – The Principal must review the statements provided under “Terminal” and “Persistent Vegetative State”

  • Select only one statement in each section contained inside of the box
  • The Principal must read the remaining information under the box

Step 3 – Appointment of Agent (Optional) – The Principal may allow another person the authority to revoke this document on your behalf –

  • If this is acceptable to the Principal, enter the Agent’s name, address and phone number

If the Principal wishes only to allow the authority to enforce the document and not revoke it at any time submit:

  • Name of Agent with Power to Enforce
  • Address
  • Telephone number

Step 4 – Revocation Procedures –

  • The Principal must carefully review and understand the entire section and then provide the Principal’s signature at the end of page 2

Step 5 – Affidavit (Witnesses) – The witnesses must both complete and sign this document in the presence of one another, a notary public and the Principal – Prepare the document by providing the following:

  • The state where the Principal resides
  • The County in which the Principal resides
  • Enter the names of each witness in the lines provided
  • Submit the date in which the document is declared in dd/m/yy format

Witness Signatures and Notarization – Once the witnesses have read and agree to the affidavit:

  • Submit witness signatures
  • The Notary shall witness and record the signatures and complete the notary section of the document
  • The notary will then affix their official seal