Free South Carolina Living Will Form

The declaration takes effect once two physicians, one of whom is your attending physician, certify that your condition is terminal or that you are permanently unconscious. At that point you can direct that life-sustaining procedures be withheld or withdrawn, and you can name an agent to enforce or revoke the declaration on your behalf.^[1.2]

The document has no legal effect until you sign it before a notary and two witnesses who meet South Carolina’s eligibility rules for witnesses.^[1.1]

South Carolina Living Will Signing Requirements

South Carolina’s living will process is set out in the state’s Death With Dignity Act. To create a valid declaration, sign it before a notary and two witnesses who meet the state’s eligibility rules.^[1.1] South Carolina also provides its own statutory declaration form as a starting point.^[1.2]

You can download a free copy of the living will form from FormsPal or build it online. Either version must still be signed the same way to be valid.

You must date and sign the declaration in front of a notary public and two witnesses. One of the two witnesses may be the notary. The witnesses must be present with you and with each other when they sign the affidavit portion of the form.^[1.1]

South Carolina restricts who may serve as a witness. A witness cannot be any of the following:

• related to you by blood, marriage, or adoption, whether as a spouse, an ancestor, a descendant of your parents, or the spouse of any of them;
• financially responsible for your medical care;
• entitled to any part of your estate, whether under a will or as an heir;
• a beneficiary of your life insurance policy;
• your attending physician or an employee of your attending physician; or
• a person with a claim against your estate.

No more than one of the two witnesses may be an employee of the health facility where you are a patient.^[1.1]

By signing, your two witnesses swear to these eligibility facts in an affidavit set out in Section 44-77-50 of the S.C. Code Ann.^[1.2]

“If the declarant is a patient in a hospital or a resident in a nursing care facility at the time the declaration is executed, [it must have] been witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses.”

In plain terms, if you sign while admitted to a hospital or living in a nursing care facility, one of your two witnesses must be that facility’s designated ombudsman.^[1.1] After you finish the declaration, send a copy to your physician, your named agent, and close family so they know your health care wishes before an emergency happens.

South Carolina Living Will Form Details

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How to Fill Out the South Carolina Living Will Form

Filling out the South Carolina living will form takes eleven steps, from downloading the document to completing the notarized witness affidavit on the final page. You can download the form for free from FormsPal, or use South Carolina’s own statutory declaration text in Section 44-77-50 of the S.C. Code Ann. as a template.^[1.2] Follow the form’s own order below so you do not leave a required field blank.

1. Download the Form. Save the South Carolina living will as a PDF or Word file, or use FormsPal’s online builder (page 1).
2. Complete the Declaration. Enter your full legal name, address, and the date at the top of the form (page 2).
3. Initial Your Health Care and End-of-Life Choices. Initial whether you want nutrition and hydration provided or withheld if your condition is terminal, and separately if it is a persistent vegetative state (pages 2 and 3).
4. Add Additional Instructions. Use the optional space on page 3 to write any other health care wishes in your own words.
5. Name Your Health Care Agent. Give the name, address, and phone number of the person you want to enforce or revoke the declaration for you (page 3).
6. Name a Substitute Agent. Add a backup agent in case your first choice is unavailable when a decision is needed (page 4).
7. Review the Agent’s Powers. Read the listed powers, covering medical decisions, records access, and related authority, so you know exactly what you are granting (pages 4 to 6).
8. Review the Effective Date and General Provisions. These paragraphs explain when the declaration takes effect and how it can later be changed (page 6).
9. Sign the Declaration. Sign, date, and print your name on page 8 in front of your notary and two witnesses.
10. Have the Witnesses Sign. Both witnesses print their names and sign on page 8, meeting the eligibility rules explained above.
11. Complete the Witnesses’ Affidavit. On page 9, both witnesses swear to the eligibility facts before the notary, who completes the seal. If you are a hospital patient or nursing home resident, one witness must be the facility’s ombudsman.^[1.1]

Other South Carolina Forms
Interested in some other South Carolina templates? We offer free forms and straightforward customization experience to everyone who hopes for less hassle when dealing with paperwork.

South Carolina Last Will South Carolina Small Estate Affidavit South Carolina Bill of Sale South Carolina Power of Attorney South Carolina Rental Lease Agreement South Carolina Eviction Notice South Carolina Promissory Note South Carolina Non-compete Agreement South Carolina Prenuptial Agreement South Carolina LLC Operating Agreement South Carolina Marital Settlement (Divorce) Agreement

General information, not legal or tax advice.

Sources

1. S.C. Code Ann. §§ 44-77-40 to 44-77-50.
   • 1.1 § 44-77-40
   • 1.2 § 44-77-50

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.