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A South Carolina Living Will is a legal document that lays out your preferences in relation to health care, such as your refusal or acceptance of a certain medical treatment or procedure, in addition to the optional selection of a chosen healthcare decision maker or "agent."
The specific requirements and restrictions for PoA forms will vary in each state; however, in South Carolina, your Power of Attorney will require notarization and the signatures of two witnesses. If your agent will manage real estate transactions, the Power of Attorney must be notarized and recorded with your county.
While it should always be in writing, each state has its own legal requirements for creating a legally valid Advanced Directive. For instance, in both South Carolina and North Carolina, a Living Will must be signed by you and by two qualified witnesses and notarized to be effective.
The SC Pollution Control Act (PCA) is the basis of South Carolina's water pollution control and water quality protection programs. It establishes the Department of Heath and Environmental Control (Department) as the state agency responsible for environmental matters.
4 Pros and Cons of a Living Will Pro: Ensures You Get What You Need and Want. The biggest advantage of a living will is that it lists out all the care you want and need in your later years. ... Pro: Takes the Pressure off Family. ... Con: You Need to Understand It. ... Con: People Can Still Argue the Meaning.
(1) Declaration must set out intent for no life-sustaining procedures; (2) signed; (3) dated; (4) in presence of officer authorized to administer oaths; (5) presence of 2 witnesses; (6) substantially same as §44-77-50; (7) not effective during course of declarant's pregnancy; (8) terminal condition must be certified by ...
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
There are three main disadvantages to using a living will: Living wills have a limited scope; Living wills rely on physician compliance; Living wills are not always given to health care providers.
Under SC law, however (see SC Code § 62-8-104), a power of attorney that meets the statutory requirements automatically becomes a ?durable? power of attorney that survives the principal's incapacitation unless the document specifies that it terminates upon the incapacitation of the principal.
If you want your agent to be able to use your POA once you are incapacitated, you'll need to file it with the land records office (called the register of deeds in South Carolina) in the county where you live. Again, South Carolina is unique from other states in this respect.