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South Carolina Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 62-5-501, et seq. Powers of Attorney |
| Specific Powers, Life-Prolonging Acts | Medical procedure or intervention serving only to prolong the dying process, not including medication or treatment for pain alleviation or comfort care. Principal should indicate whether provision of nutrition and hydration through surgically implanted tubes is desired |
| Legal Requirements for Durable Power of Attorney | (1) Substantially in statutory form §62-5-504 (D); (2) signed; (3) dated; (4) 2 witnesses; (5) state name and address of adult agent; (6) can't withhold or withdraw life-sustaining procedures during pregnancy |
| Revocation of Durable Power of Attorney | Revocable by (1) written or oral statement or other act constituting notification to agent or health care provider of specific intent to revoke; (2) principal's execution of subsequent health care power of attorney |
| Validity from State-to-State | Effective if executed in compliance with South Carolina law or laws of another state and recorded as required by §62-5-501 (c) |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician must make reasonable effort to locate a physician who will follow directive and has a duty to transfer patient to that physician. |
| Immunity for Attending Physician | No civil, criminal, or professional liability for relying in good faith on agent's health care decisions |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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