A South Carolina Living Will is a document that allows an individual to provide a written declaration of their desires in regards to their healthcare. Living will document are used if a person ever falls into a terminally ill state or if they are ever incapacitated. In a living will, the Declarant will specify which life-prolonging procedures he or she will consent to and which ones he or she will refuse. In South Carolina, all documents must conform to Title 44 Chapter 66 of the South Carolina Statutes. These statutes prescribe that a living will document may only dictate procedures and treatments that prolong the dying process. Living Will documents may not dictate pain alleviation and comfort care. Title 44 also describes that in addition to all living wills needing to be signed in the presence of at least two (2) witnesses, a living will does not become effective until at least two (2) examining physicians certify that the Declarant is in an incapacitated condition.
The first step to completing a living will is to establish the Declarant's identity. This is completed by providing the Declarant's first and last name, address, gender, and phone number. Next, the Advocate will be appointed by listing his or her full name, address, and telephone number. The next section will specify which procedures and treatments the Declarant will and will not consent to. This section will also detail information on the Declarant's physician and anatomical donations. Finally, the Declarant will sign and date the document in the presence of two (2) witnesses before being made a part of their medical records.