Overview: In South Carolina you must fill out two separate forms to have a complete Advance Directive: A Living Will called "Declaration of Desire For A Natural Death" and a "Healthcare Power of Attorney" (a.k.a. Health Care Proxy).
Required Information for the Living Will: Your AND two (2) witnesses' signatures must be Notarized for your SC Living Will for it to be considered valid. Witnesses CAN NOT be:
- Related to the declarant by blood, marriage, or adoption either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them
- Directly financially responsible for the declarant's medical care, nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession
- The beneficiary of a life insurance policy of the declarant
- The declarant's attending physician, nor an employee of the attending physician
- A person who has a claim against the declarant's decedent's estate
- No more than one (1) witness is an employee of a health facility in which the declarant is a patient. If the declarant is a resident in a hospital or nursing care facility at the date of execution of this Declaration, at least one (1) witness is an ombudsman designated by the State Ombudsman, Office of the Governor
Required Information for Naming a Health Care Proxy: Your AND two (2) witnesses' signatures must be Notarized for your SC Advance Directive to be considered valid. The following CAN NOT be a witness:
- Your Spouse, Children, Grandchildren, OR Other Lineal Descendants such as: Your Parents, Grandparents, Linear Ancestors, Your Siblings and their lineal descendants or their spouses
- 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 your Health Care Power of Attorney (a.k.a. Health Care Proxy) as your agent (proxy) or successor agent.
- A Physician or employee of your Physician
- Any Person who would have a claim against your estate (persons whom you owe money)
Remember to add your completed form to your Everplan!