Who Decides When You Cannot
S.C. Code 44-66-30 — the order in which a guardian, an agent, a spouse and family decide for a patient unable to consent
- A guardian appointed by the court, within the guardianship.
- An attorney-in-fact under a durable power of attorney, within that authority.
- A spouse, unless separated by a pending divorce order or a signed settlement agreement.
- An adult child, or a majority of the adult children reasonably available.
- A parent.
- An adult sibling, or a majority of those available.
- A grandparent, or a majority of those available.
- Another adult relative believed to have a close relationship with the patient, or a majority of them.
Those are the people who make health care decisions for a patient unable to consent, in that order of priority.
When no one on the list is available. If the facility finds after good faith efforts that none of them is available, a person with an established relationship with the patient who knows the patient's views, is acting in good faith, and is not a paid caregiver may decide, after signing a notarized acknowledgement form for the record.
A health care power of attorney or a guardianship decides first, which is why the chapter starts there. A particular decision is a question for the facility and a licensed South Carolina attorney.
Sources for this section (1)
- S.C. Code 44-66-30 — Persons who may make health care decisions for patient who is unable to consent
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.