Free South Carolina Living Will Form

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.

south carolina living will form

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Signing Requirements and Laws

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:

  • be related to you by blood, marriage, or adoption;
  • be your attending physician or their employee;
  • directly financially responsible for your medical care;
  • have a chance or intention to receive even the smallest part of the declarant’s inheritance;
  • be a beneficiary of your life insurance policy.

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.

South Carolina Living Will Form Details

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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Steps to Fill Out the Form

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.
Part for establishing a delcarant of a document of living will for South Carolina

3. Give Instructions

You must choose one of the two options outlined here regarding artificial nutrition and hydration if your condition is:

  • terminal;
  • persistent vegetative.
    Instructions section of South Carolina living will form

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.
Agent selection part of a living will for South Carolina

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.
Signature part of South Carolina living will template

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.
Witnesses signatures section of a living will document for South Carolina

Published: Jun 8, 2022
Mara Erlach
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.