Why do you need a living will and power of attorney for health care (called a health care power of attorney in South Carolina)?
If you become unable to direct your own medical care because of illness, an accident, or advanced age, the right legal documents are your lifeline. When you don't write down your wishes about the kinds of medical treatment you do or don't want to receive and name someone you trust to oversee your care, these important matters can be placed in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer.
What are health care forms called in South Carolina?
There are two basic kinds of health care documents that everyone should make. First, you'll need a document naming a trusted person to direct your health care if you are unable to do so yourself. This document is commonly called a power of attorney. In South Carolina, this form is called a health care power of attorney.
Second, you can create a document setting out the types of medical treatment you would or would not like to receive in certain situations. This document is often known as a living will. South Carolina calls this form a declaration.
If you wish to both name a representative and leave treatment instructions, South Carolina includes all of your wishes in a single form called health care power of attorney.
Who makes health care decisions for me in South Carolina?
In South Carolina, the person you name to make decisions for you is called your agent. Most people name a spouse, partner, relative, or close friend as their agent. Under South Carolina law, your agent may not be:
- under the age of 18
- your health care provider at the time you execute your health care power of attorney, unless he or she is related to you
- a spouse or employee of your health care provider, unless he or she is related to you, or
- an employee of the nursing care facility where you live, unless he or she is related to you.
What else do I need to know about choosing an agent in South Carolina?
When choosing your agent, the most crucial criteria are trustworthiness and dependability. You might also want to choose someone you think will be good at asserting your health care wishes if others argue against them -- that is, someone who is persistent or calm under pressure.
While you need not name someone who lives in South Carolina, the person you name should at least be willing and able to travel to your bedside if necessary.
Your agent will begin to make health care decisions for you when you lack the capacity to do so. For more information, see Nolo's article Living Wills and Powers of Attorney for Health Care: How They Work.
Do I need a lawyer to make health care documents in South Carolina?
You usually don't need a lawyer to prepare documents directing your health care. In fact, state governments have designed these forms for people to complete on their own by filling in the blanks. You can find the health care forms you need for South Carolina in Nolo's Quicken WillMaker Plus software. The software includes detailed instructions for completing your documents and meets all South Carolina legal requirements.
Last updated on 05/06/08.