South Carolina Living Will Requirements
Based on SC Code §44-77-10 et seq. (Death With Dignity Act)
Quick Summary
- ✓2 witnesses required
- ✓Notarization required
- ✓Ombudsman witness required if signed in a care facility
Witness Requirements
South Carolina requires two witnesses who are present when you sign your living will. Witnesses have significant restrictions:
A witness CANNOT be:
- ✗Related to you by blood, marriage, or adoption
- ✗Directly financially responsible for your medical care
- ✗Entitled to any portion of your estate
- ✗Your attending physician or their employee
- ✗An employee of the healthcare facility where you are a patient
- ✗Someone who has a claim against your estate
Good witness choices: Friends, neighbors, coworkers, or members of your faith community who are not related to you and have no financial interest in your estate.
Facility Ombudsman Requirement
If you are a patient in a hospital or skilled nursing facility when you sign your living will, one of your two witnesses must be an ombudsman designated by the State Ombudsman. Contact the facility's social services department for assistance.
When Your Living Will Takes Effect
Your South Carolina living will becomes effective when:
- It has been communicated to your attending physician, AND
- You have been determined to have one of these conditions:
- Terminal condition — an incurable condition that will produce death regardless of treatment
- Persistent vegetative state — sustained complete loss of self-aware cognition with no reasonable prospect of recovery
- Irreversible condition — a condition that is not curable and where treatment only prolongs decline
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Your attending physician must be notified of the revocation and will record it in your medical record.
Where to Get Notarized
- Banks — most offer free notary services for account holders
- UPS Store locations
- Attorney's offices
- Court clerks' offices
- AAA offices — for members
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.