South Carolina USLegal Guide to Advance Directives for Health Care

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Multi-State
Control #:
US-GDE-21
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Word; 
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Description

This guide provides an overview of advance directives for health care. Topics covered include living wills, powers of attorney for health care, do not resuscitate orders, and anatomical gift donations.
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FAQ

Yes, a South Carolina health care power of attorney requires two witnesses who are unrelated to the principal to witness your signature. If you don't sign in front of your witnesses, you must acknowledge that your signature is valid in their presence. You may, but aren't required to, have the document notarized.

Types of Advance Care DirectivesCommon Law Advance Care Directives which are recognised by the common law (decisions made by judges in the courts) and generally must be followed.Statutory Advance Care Directives which are governed by State and Territory legislation.

Advance directives generally fall into three categories: living will, power of attorney and health care proxy.

There are two main elements in an advance directivea living will and a durable power of attorney for health care. There are also other documents that can supplement your advance directive. You can choose which documents to create, depending on how you want decisions to be made.

There are two main elements in an advance directivea living will and a durable power of attorney for health care. There are also other documents that can supplement your advance directive. You can choose which documents to create, depending on how you want decisions to be made.

ARE THERE FORMS FOR ADVANCE DIRECTIVES IN SOUTH CAROLINA? Yes. The South Carolina legislature has approved forms for a Living Will, Health Care Power of Attorney and Five Wishes. The Living Will form that the legislature approved is called a Declaration of a Desire for a Natural Death.

Advance directives provide preparation for such eventualities. These documents offer individuals and their loved ones peace of mind no matter what the future holds. That is by specifying the kind of end-of-life care an individual wants, the rules for family involvement in their care, among other concerns and wishes.

Under SC law, all powers of attorney must be witnessed and notarized. The SC state law, generally, doesn't require the POA document to be recorded. There are some instances when having the POA recorded is needed, though, such as when used for a specific purpose (e.g., real estate transaction).

The document must be signed and notarized by two adult witnesses to be valid.

So what's the difference between an advance directive and a living will? The short answer is that a living will is a type of advance directive, while advance directive is a broad term used to describe any legal document that addresses your future medical care.

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South Carolina USLegal Guide to Advance Directives for Health Care