A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In South Carolina, a living will is legally referred to as a 'Declaration of a Desire for a Natural Death' and is governed by the South Carolina Death with Dignity Act. This document allows an individual, known as the declarant, to state their wishes regarding the withholding or withdrawal of life-sustaining procedures if they are diagnosed with a terminal condition or are in a state of permanent unconsciousness where recovery is not expected. The living will must be signed by the declarant in the presence of two witnesses, and it becomes effective only when the declarant is unable to communicate their wishes. South Carolina also recognizes other advance directives such as health care power of attorney, which allows an individual to appoint an agent to make health care decisions on their behalf. It's important for residents to ensure that their living will and any other advance directives comply with South Carolina's specific legal requirements to be valid.