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            SUMMARY OF STATE LIVING WILL LEGISLATION

SOUTH CAROLINA

Synopsis: South Carolina is a strong living will statute. South
Carolina law recognizes living wills executed in other states
that are "similar in intent" to South Carolina's laws. The South
Carolina statute is extremely detailed and prescribes a number of
limitations on the effectuation of living wills. For example, a
doctor must use needless life-sustaining measures for six hours
before implementing a living will. Should a physician decline to
implement a living will upon a terminal diagnosis, the physician
must make a "reasonable effort" to transfer the patient to a
physician who will implement the declaration. The South Carolina
form should be signed without changes as a number of provisions
are required to appear on South Carolina living wills.  The
statute provides that a declarant can appoint a "designee" who
will have the right to REVOKE (only) the declaration upon the
declarant's incapacity. To prepare a South Carolina living will
using the State mandated form, please select living will
preparation from the opening menu. Please also consider executing
a living will for any State that you spend more than a few weeks
per year, or where you are a temporary resident.

Statute number: Code of Laws Of South Carolina 1976 Section
44-77

Statute title: "South Carolina Death With Dignity Act"

Governmental Agency to contact for more information: None
specified

A specific form of living will is provided by the state statute;
the state form contains mandatory clauses; it is recommended that
the state suggested form be executed exactly as provided

Witness requirements: 2 witnesses and a separate Notary are
required. The statute has complicated requirements for witnesses.
None of the witnesses can be:

A) An attending physician
B) Related to the declarant by blood or marriage
C) Cannot be a sibling (full or half brother or sister)
D) Lineal Ancestor (Parent, Grandparent)
E) An heir under the laws of intestacy
F) A devisee under a will of the declarant
G) Directly responsible for the medical care costs of the
declarant
H) A beneficiary under a life insurance policy of the decedent

Only one of the witnesses can be an employee of a hospital in
which the declarant is a patient and if the declarant signs the
declaration in a hospital one witness must be an approved
ombudsman

Recording of the living will is not provided for the statute

The living will can be revoked by a separate writing, or
verbally, provided that the revocation is communicated to the
treating physician.