SOUTH CAROLINA LIVING WILL
(Advance Directive for Health Care)
Drafted for compliance with the South Carolina Death with Dignity Act, S.C. Code Ann. §§ 44-77-10 et seq.
[// GUIDANCE: This template substantially tracks the statutory form in § 44-77-50 while adding optional, attorney-driven enhancements. Any material deviation from the statutory language should be vetted for continued validity.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Revocation Procedures
- Execution Block
- Witness Acknowledgment
- Notary Acknowledgment
1. DOCUMENT HEADER
1.1 Title and Declarant Identification
This “Living Will” (“Directive”) is made this [EFFECTIVE DATE] by [DECLARANT FULL LEGAL NAME], date of birth [MM/DD/YYYY], presently residing at [STREET ADDRESS, CITY, STATE, ZIP] (“Declarant”).
1.2 Purpose and Statutory Authority
Pursuant to the South Carolina Death with Dignity Act, S.C. Code Ann. §§ 44-77-10 et seq., Declarant issues this Directive to control the use or withholding of life-sustaining procedures should Declarant be diagnosed with a terminal condition or placed in a persistent vegetative state.
2. DEFINITIONS
For purposes of this Directive, capitalized terms have the meanings set forth below:
“Attending Physician” – the physician who has primary responsibility for Declarant’s care.
“Life-Sustaining Procedure” – any medical procedure or intervention which only prolongs the dying process and where, in the judgment of the Attending Physician and a second physician, death will occur without such procedure. Artificial nutrition and hydration are included unless expressly excluded.
“Persistent Vegetative State” – a condition of permanent and irreversible unconsciousness with no reasonable expectation of recovery, as certified in writing by two physicians.
“Terminal Condition” – an incurable or irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of the Attending Physician and a second physician, result in death within a reasonably short period of time.
“Health Care Provider” – any individual or institution licensed to provide health care services to Declarant.
“Revocation” – any written, oral, or physical act evidencing intent to revoke this Directive pursuant to S.C. Code Ann. § 44-77-80.
[// GUIDANCE: Add or delete definitions to conform to the client’s wishes, but retain statutory terminology for enforceability.]
3. OPERATIVE PROVISIONS
3.1 Conditions Precedent
This Directive becomes operative only upon (a) certification in writing by the Attending Physician and a second physician that Declarant is either (i) in a Terminal Condition or (ii) in a Persistent Vegetative State, and (b) a determination that Declarant lacks capacity to make health-care decisions.
3.2 Directive Concerning Life-Sustaining Procedures
If the conditions in Section 3.1 occur, Declarant directs that:
☐ Option A – WITHHOLD OR WITHDRAW: All Life-Sustaining Procedures, including artificial nutrition and hydration, SHALL BE WITHHELD OR WITHDRAWN, allowing Declarant to die naturally.
☐ Option B – CONTINUE NUTRITION/HYDRATION: All Life-Sustaining Procedures other than artificial nutrition and hydration SHALL BE WITHHELD OR WITHDRAWN. Artificial nutrition and hydration SHALL BE PROVIDED.
[// GUIDANCE: One option must be selected for the document to comply with § 44-77-50.]
3.3 Comfort Care
Regardless of the option selected above, Declarant directs that medication or other medical care be administered to alleviate pain or discomfort, even if such care may hasten death.
3.4 Pregnancy Limitation
If Declarant is pregnant and the Attending Physician believes the fetus could develop to the point of live birth with continued application of life-sustaining procedures, this Directive SHALL NOT take effect until after such live birth.
3.5 Organ and Tissue Donation (Optional)
☐ I hereby donate any organs or tissues permissible by law for transplantation, therapy, or research.
☐ I do NOT make any anatomical gift.
3.6 Designation of Health Care Agent (Optional Add-On)
[// GUIDANCE: South Carolina recognizes a separate Health Care Power of Attorney under S.C. Code Ann. §§ 62-5-501 et seq. Insert POA language here only if combining directives; otherwise reference a standalone POA.]
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity and Voluntariness
Declarant represents and warrants that Declarant is at least eighteen (18) years of age, of sound mind, and executing this Directive voluntarily, free from duress, coercion, or undue influence.
4.2 Supremacy of Directive
Declarant warrants that any prior living will or advance directive is hereby revoked and superseded, except to the extent such prior document is incorporated herein by reference.
4.3 Completeness and Accuracy
Declarant confirms that all information provided herein is complete and accurate to the best of Declarant’s knowledge.
5. COVENANTS & RESTRICTIONS
5.1 Distribution
Declarant covenants to provide executed copies of this Directive to the Attending Physician, primary care physician, Health Care Agent (if any), and nearest health-care facility upon execution.
5.2 No Transfer for Value
This Directive may not be sold, assigned, or otherwise transferred for value.
6. DEFAULT & REMEDIES
6.1 Non-Compliance by Health Care Provider
Failure of a Health Care Provider to comply with this Directive constitutes a breach of the provider’s statutory duty. Declarant (or Declarant’s legal representative) retains all remedies available under law and equity, including injunctive relief compelling compliance.
6.2 Attorney’s Fees
A prevailing party in any action to enforce this Directive shall be entitled to recover reasonable attorney’s fees and costs.
[// GUIDANCE: South Carolina law grants immunity for good-faith compliance, but is silent on fee-shifting. This clause is permissive and may be struck if desired.]
7. RISK ALLOCATION
7.1 Indemnification of Provider
Health Care Providers acting in good faith reliance on this Directive shall be indemnified and held harmless by Declarant’s estate against any civil, criminal, or administrative liability arising from such reliance, except in cases of gross negligence or willful misconduct.
7.2 Limitation of Liability
No Health Care Provider shall be liable to Declarant or Declarant’s estate for following the instructions herein in good faith, consistent with S.C. Code Ann. § 44-77-90.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Directive shall be governed by and construed in accordance with the laws of the State of South Carolina (“state_healthcare_law”).
8.2 Forum Selection
Any judicial proceeding arising under or relating to this Directive shall be commenced in a court of competent jurisdiction located in South Carolina.
8.3 Injunctive Relief
Nothing herein shall limit the right of any party to seek injunctive or other equitable relief to enforce this Directive.
[// GUIDANCE: Arbitration and jury-waiver provisions are intentionally omitted as they are generally inappropriate in a health-care directive context.]
9. GENERAL PROVISIONS
9.1 Amendment and Waiver
Declarant may amend this Directive at any time in writing, signed and dated in the presence of two qualified witnesses.
9.2 Severability
If any provision herein is held invalid, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
9.3 Entire Agreement
This Directive constitutes the entire expression of Declarant’s wishes regarding life-sustaining treatment and supersedes all prior directives on the same subject matter.
9.4 Counterparts; Electronic Signatures
This Directive may be executed in one or more counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means shall be deemed originals.
10. REVOCATION PROCEDURES
Declarant may revoke this Directive at any time by:
a. Signing and dating a written revocation;
b. Physically destroying this Directive;
c. Orally expressing the intent to revoke in the presence of a witness who shall confirm the revocation in writing; or
d. Executing a subsequent living will.
Any revocation becomes effective upon communication to the Attending Physician, consistent with S.C. Code Ann. § 44-77-80.
11. EXECUTION BLOCK
I, [DECLARANT FULL LEGAL NAME], being of sound mind, execute this Living Will on the date written below and affirm that I understand its full import.
| Declarant Signature | Date |
|---|---|
| ______ | ______ |
12. WITNESS ACKNOWLEDGMENT
Each witness declares that the Declarant is personally known to the witness, signed or acknowledged the Declarant’s signature in the witness’s presence, appears to be of sound mind and not under duress, fraud, or undue influence, and is not a person prohibited from witnessing under S.C. Code Ann. § 44-77-40.
| Witness #1 | Address | Date |
|---|---|---|
| ______ | ______ | _____ |
| Witness #2 | Address | Date |
|---|---|---|
| ______ | ______ | _____ |
[// GUIDANCE: At least one witness must NOT be an employee of any health-care facility in which the Declarant is a patient.]
13. NOTARY ACKNOWLEDGMENT (Recommended)
State of South Carolina
County of ______
Subscribed and sworn to before me on this _ day of _, 20_.
Notary Public Signature: _____
My Commission Expires: _____
[// GUIDANCE:
1. Retain copies in multiple locations (home, physician’s office, hospital chart, and with any Health Care Agent).
2. Advise clients that alterations to the statutory text may jeopardize enforceability.
3. Review periodically—particularly after major medical diagnoses, marital status changes, or relocation.]