Putting It In Writing First
S.C. Code 62-5-503 and S.C. Code 44-77-40 — a health care power of attorney and a declaration
A health care power of attorney. It is substantially in the statutory form, dated and signed by the principal, and signed by two witnesses who declare they are not related to the principal, not financially responsible for the care, not heirs or will beneficiaries, not life insurance beneficiaries and not the named agent. The agent is an individual eighteen years of age or older and of sound mind.
A health care agent has access to the principal's medical records, may contract for placement in a facility without personal liability, may hire and fire those responsible for care, and has the visitation rights of immediate family.
A declaration. A declaration expressing a desire that no life sustaining procedures be used to prolong dying is valid when signed before an officer authorized to administer oaths and two qualified witnesses. Where a person eighteen years of age or older has one and two physicians certify a terminal condition or permanent unconsciousness, procedures may be withheld or withdrawn under the attending physician.
A declaration may be revoked by destroying it, by a signed and dated written revocation, or orally, each taking effect when communicated to the attending physician.
A declarant in a hospital or nursing care facility when signing needs an ombudsman as one of the witnesses. Health care providers' own duties and the statutory forms are set out in the sections. Whether a particular document is valid is a question for a licensed South Carolina attorney.
Sources for this section (5)
- S.C. Code 62-5-503 — Requirements for health care power of attorney
- S.C. Code 44-77-40 — Validity of declaration
- S.C. Code 44-77-30 — When life-sustaining procedures may be withheld
- S.C. Code 62-5-505 — Health care agent powers
- S.C. Code 44-77-80 — Revocation of declaration
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.