What a living will is
In South Carolina, a living will is formally a Declaration of a Desire for a Natural Death under the Death with Dignity Act (S.C. Code § 44-77-10 et seq.). It tells physicians whether you want life-sustaining procedures withheld or withdrawn if you have a terminal condition or are permanently unconscious, and whether artificial nutrition and hydration should be provided. It speaks only when you cannot.
What a living will can address
- Mechanical ventilation and other life-sustaining procedures
- Artificial nutrition and hydration (feeding tubes)
- Comfort care and pain relief, which continue regardless of your other choices
- Organ and tissue donation wishes, which we usually also place in the health care POA
When it takes effect
The declaration applies only after your attending physician and a second physician determine that you have a terminal condition or are permanently unconscious, and only if you cannot make decisions yourself. Until then, you decide—and you can revoke it at any time, in any way that shows your intent.
Living will + health care power of attorney
The two documents work together. The living will states your wishes for the narrow end-of-life situation the statute covers; the health care power of attorney names a person to make every other medical decision and to enforce the living will if a facility hesitates. Families with both rarely end up in the emergency-room disputes families without them do.
Signing it correctly
South Carolina's statutory form requires witnesses who are not related to you, not your heirs, and not your health care providers, and the declaration must be acknowledged before a notary. We handle the signing at our office so the document will be honored at Summerville Medical Center, Trident, MUSC, Roper St. Francis or wherever you are treated.
Speak for yourself before you can't.
A living will and health care power of attorney take one short meeting.
Questions people ask
Is a living will the same as a DNR?
No. A do-not-resuscitate order is a physician's order about CPR in an emergency; a living will is your own statement about life-sustaining treatment in a terminal condition. Many people have both.
Will paramedics follow my living will?
Emergency responders follow physician orders (such as a DNR or POST form), not a living will. The living will guides hospital decisions once your condition is assessed.
Related pages
Powers of attorney
Financial and medical decision-makers, named by you and ready before a crisis.
Learn moreLast will and testament
Who inherits, who is in charge, and who raises the kids—decided by you, not the statute.
Learn morePlan reviews & trust amendments
Second opinions on existing plans; amendments and restatements of trusts.
Learn more