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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."
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.
(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 ...
While it's possible to create a living will on your own, hiring an attorney can be beneficial, particularly if your healthcare wishes are complex. An attorney can provide legal advice tailored to your situation and ensure the document meets all the legal requirements in South Carolina.
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.
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.
There are three requirements for a valid will in South Carolina: It is signed by the will-maker. It must have two witness signatures. It must be notarized by a notary public.
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.