South Carolina Living Will is also officially called the Declaration of a Desire for a Natural Death.
By signing such a document, you will declare your desire to abandon life-supporting procedures if your state is set as terminal or permanently unconscious. Your condition must be confirmed by two physicians, one of whom must be your attending physician.
With a South Carolina Living Will, you can also name your agent who can apply or revoke this declaration.
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The free living will form creation in South Carolina is regulated by § 44-66-10 to § 44-66-80, and § 44-77-10 to § 44-77-160. The sample of the Declaration is presented in § 44-77-50.
According to §44-77-30, a person who reached 18 years of age can write a Declaration of a Desire for a Natural Death. After establishing your state as terminal or permanently unconscious, at least 6 hours must pass for the Declaration to enter into force.
In the case of pregnancy of the declarant, the document cannot be applied during pregnancy.
The document must be signed by you in the presence of two witnesses and a notary, who must also sign the paper. Your notary can also act as one of the witnesses.
There are a number of requirements that your witnesses must meet. These witnesses cannot:
At least one of the witnesses cannot work in the institution giving you a health treatment. Another rule appears, if you are a resident in a hospital or nursing facility, one of the witnesses must be an ombudsman designated by the State Ombudsman or Office of the Governor.
After completing the Declaration you should consider sending the document to your physician and relatives or friends, so they will be aware of your Living Will.
| Document Name | South Carolina Living Will Form |
| State Form Name | South Carolina Declaration of a Desire for a Natural Death |
| Signing Requirements | Two Witnesses |
| Validity Requirements | Section 44-77-40 |
| Powers Limitation | Section 44-77-30 |
| Avg. Time to Fill Out | 13 minutes |
| # of Fillable Fields | 48 |
| Available Formats | Adobe PDF; Microsoft Word |
| State Laws: South Carolina Code of Laws, Sections 44-77-10 to 44-77-160 | |
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There are six simple steps one needs to take to create a South Carolina Living Will:
1. Download the form
To start making a Living Will, you can download the form as a PDF file or use our Online Forms Building Software to fill out the Living Will form.
2. Establish the Declarant
Put your full and legal name, address, and date here. Read carefully all the information given below.
3. Give Instructions
You must choose one of the two options outlined here regarding artificial nutrition and hydration if your condition is:
4. Select the Agent
Filling in this paragraph is optional, but if you wish, you can specify a healthcare agent who will make the decision to revoke or to enforce your Declaration of a Desire for a Natural Death. You can specify two different people for these purposes.
5. Enter the Signature
You must put your signature at the end of the revoking procedure description in the presence of two witnesses and a notary. Read carefully the requirements for the witnesses.
6. Provide Witnesses’ Signatures
Both eligible witnesses must put their names and signatures in order for the Declaration to be valid. They have to read the following statement, meet the listed requirements, and confirm the declarant’s sound mind. As required by South Carolina Law, the document must be also certified by the notary present at the signing.
