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South Carolina Living Wills Laws
More Information on Living Wills
| Code Section | 44-77-10, et seq. Death with Dignity Act |
| Specific Powers, Life-Prolonging Acts | Medical procedures or intervention serving only to prolong the dying process; does not include treatment for comfort care or pain alleviation; declarant should indicate whether nutrition and hydration through surgically implanted tubes is desired; if declarant fails to do so, nutrition and hydration necessary for comfort care and pain alleviation will be provided. |
| Legal Requirements for Valid Living Will | (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 2 examining physicians (permanent unconsciousness must be at least for 90 days; or with high degree of medical certainty and must be given active treatment for at least 6 hrs. following diagnosis before physician can give effect to declaration). |
| Revocation of Living Will | (1) Destruction of document when communicated to physician; (2) written revocation signed and dated upon communication to physician; oral expression of intent to revoke when communicated to physician; (3) communication of oral revocation may be made by someone present when revocation made, if communicated within reasonable time and declarant is physically or mentally able to confirm or by designee if declarant is incompetent; (4) execution of subsequent declaration |
| Validity from State-to-State | For patients in terminal condition, document with same intent as this chapter and in compliance with the laws of that state is effective. |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician must make a reasonable effort to locate a physician who will effectuate patient's declaration and has a duty to transfer patient to such physician |
| Immunity for Attending Physician | No criminal or civil liability for acting in good faith and in accordance with the standards of reasonable medical care pursuant to the statute |
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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