Updated August 03, 2023
A South Carolina living will is a declaration that allows a person to die a natural death in the event of a non-curable and terminal condition. Mainly, the declarant will be choosing whether to have nutrition and hydration be provided or if they would like to die a natural death. After completing, the form must be signed with two (2) witnesses and a notary public to be a legal declaration.
Laws
- Signing Requirements – Two (2) witnesses and a notary public (§ 44-77-40(2)).
- Statutes – Title 44, Chapter 77 (Death with Dignity Act)
How to Write
Download: PDF
Step 1 – Establishment of Declarant –
- Enter the full legal name of the declarant/principal
- Enter the declarant’s social security number
- Enter the city of the declarant’s residence
- Enter the county of residence in the state of South Carolina
- Enter the date of the execution of the document in dd/mm/yyyy format
Step 2 – The Declarant must read the paragraphs stating their decisions for end-of-life treatment.
Step 3 –Instructions Concerning Artificial Nutrition and Hydration – In the box provided, there will be selections that the declarant must make with regard to their options for their end of life treatments.
- The declarant must read each section, select their preferred option and initial the best choice for themselves personally, in each section within the box provided.
- The declarant must read the remaining information.
Step 4 – Selection of Agent – Unlike most Agents, you may choose an agent that may not only assist with honoring your end-of-life wishes, but the agent, if you so desire, may also revoke this document if they feel that your desires are not being met appropriately.
- In this section, name the agent you would like to have the power to revoke your document
- Enter the agent’s address
- Enter the agent’s telephone number
- AND
- Name the agent with the power to enforce your document
- Enter the agent’s address
- Enter the agent’s telephone number
- In the same section, the declarant must read the procedures for revocation. Once the information has been read and understood
- Enter the Declarant’s signature at the end of the section describing the revocation procedures
Step 5 – Witnesses – To complete this document your witnesses must enter their names into the first section
- Begin by placing the name of the state of South Carolina into the first line
- In the second line, place the name of the county in which the document is being executed inside of the state
- The witnesses then must carefully review the information in the section, once the witnesses have read and feel they are in agreement they must enter their signatures at the end of the document
Step 6 – Notarization – Once the Notary Public has witnessed all signatures, the notary will proceed to complete the document as required by law, authenticating the document and signatures by affixing the state seal to the document.