Health care directive in South Carolina: form, signing and who decides

The form, who can witness, who can be your agent and who decides if you have no directive in South Carolina.

Checked against official sources: October 31, 2026.

Short answer

Health care power of attorney

Official form
Health Care Power of Attorney
How to sign
Signed in front of two witnesses (no notary)
Who decides without a directive
Yes

The document and its form

Document
Health care power of attorney
Official form
Health Care Power of Attorney (statutory form)Published by South Carolina LegislatureVersion: Form for powers signed on or after January 1, 2007 (§ 62-5-504)
Living will

Declaration of a Desire for a Natural Death

The living will is a separate document.

A declaration says you do not want life-sustaining procedures to prolong dying if you are in a terminal condition or permanently unconscious. You must sign and date it in front of a notary (or other officer authorized to give oaths) and two witnesses, one of whom may be that officer, and the witnesses sign a sworn affidavit. Witness limits are similar to the health care power of attorney. If you are a hospital patient or nursing care facility resident when you sign, one of the two witnesses must be an ombudsman designated by the State Ombudsman.

Living will

Law: S.C. Code §§ 62-5-503(a)(1), 62-5-504, 62-5-517; S.C. Code §§ 44-77-40, 44-77-50

Signing rules

How to sign

Use a form substantially like the statutory form, and sign it in front of two qualified witnesses (each must see you sign or hear you acknowledge your signature) who sign the witness declaration. The notary block on the statutory form is optional. A different document is also treated as valid if it names the agent, states the types of decisions, and has your signature, two qualified witnesses and a notary's attestation.

Who signs

Dated and signed by you, or in your name by another person in your presence and at your direction.

Notary
Not required
Witnesses
2
Who cannot witness

Each witness must declare that, to their knowledge, they are not related to you by blood, marriage or adoption (as spouse, ancestor, descendant of your parents, or spouse of any of them), not directly financially responsible for your medical care, not entitled to part of your estate by will or inheritance, not a beneficiary of your life insurance, and not your health care agent or successor agent. No witness may be your attending physician or the physician's employee or have a claim against your estate. No more than one witness may be an employee of a health care facility where you are a patient.

Nursing facilities and special settings

If you are a patient in a health facility, no more than one witness may be an employee of that facility.

Law: S.C. Code §§ 62-5-503, 62-5-504, 62-5-517

Who can be your agent and what the agent can do

Who cannot be your agent

Your health care agent must be 18 or older and of sound mind. Unless related to you, the agent cannot be a health care provider (or the provider's employee) with whom you have a provider-patient relationship when you sign, an employee of a nursing care facility where you live, or the spouse of such a provider or employee.

Law: S.C. Code § 62-5-503(a)(4)

When the agent starts

The statutory form makes the health care power of attorney effective upon, and only during, any period of mental incompetence. Mental incompetence is determined under the Adult Health Care Consent Act standards for inability to consent, except that the agent's certification can substitute for a second physician's.

Law: S.C. Code §§ 62-5-502(d), 62-5-504

Source: health information can be released to the agent earlier, under Paragraph 3 of the form

Decisions an agent cannot make

If you do not initial either statement about artificial nutrition and hydration, your agent cannot have nutrition and hydration needed for comfort care or pain relief withheld or withdrawn. The agent is not paid but may be reimbursed reasonable expenses.

Law: S.C. Code § 62-5-503(b); § 62-5-506

Revoking and conflicting documents

Revoking your agent

You can revoke a health care power of attorney by a writing, an oral statement or any other act that tells your agent or a health care provider responsible for your care that you intend to revoke it, or by signing a later health care power of attorney (or a later durable power of attorney that says it revokes it or is inconsistent with it).

Law: S.C. Code § 62-5-512(a)

Revoking your instructions

A Declaration of a Desire for a Natural Death can be revoked by destroying it, by a signed and dated written revocation, by an oral statement, by a revocation from a designee named in the declaration (only if you are incompetent), or by signing a new declaration. A written or oral revocation takes effect when communicated to your attending physician.

Law: S.C. Code § 44-77-80

Telling others

A health care provider told of a revocation of a health care power of attorney must immediately record it in your medical record and notify the agent, the attending physician and your other providers.

Law: S.C. Code § 62-5-512(b)

Conflicting documents

The statutory health care power of attorney form includes a statement revoking any prior health care power of attorney and health care provisions of prior powers of attorney.

Law: S.C. Code § 62-5-504

Law: S.C. Code §§ 62-5-512, 44-77-80

If you have no directive

Who decides without a directive

This list (Adult Health Care Consent Act) applies when you are unable to consent. Decisions must follow your wishes if they can be determined, otherwise your best interest. If people with equal priority disagree, anyone interested can ask the probate court to decide or to appoint a guardian. A doctor may not give priority to someone in the parent-or-lower groups if the doctor knows you did not want that person involved.

  1. A court-appointed guardian, within the scope of the guardianship
  2. An attorney-in-fact under a durable power of attorney, within the scope of their authority
  3. Your spouse (unless separated under a court order or a signed property or marital settlement agreement)
  4. Your adult child, or a majority of your reasonably available adult children
  5. A parent
  6. An adult brother or sister, or a majority of them
  7. A grandparent, or a majority of them
  8. Another adult relative by blood or marriage believed to have a close personal relationship with you, or a majority of them
  9. A person given authority by another statute
  10. A person with an established relationship with you who is not a paid caregiver or provider, after the facility's good faith search; they must sign a notarized acknowledgment form

Law: S.C. Code § 44-66-30

Other states, registry and medical orders

POLST (medical orders)

Physician Orders for Scope of Treatment (POST)

Law: S.C. Code §§ 44-80-10 et seq

Free notice: revoke or change a health care directive

Names and addresses of people and facilities that should know. They go into your letter only.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

Free help in South Carolina

Report abuse or exploitation

South Carolina Department of Social Services, Adult Protective Services · 1-888-227-3487

Questions about powers of attorney in South Carolina

How do I sign a health care directive in South Carolina?

Use a form substantially like the statutory form, and sign it in front of two qualified witnesses (each must see you sign or hear you acknowledge your signature) who sign the witness declaration. The notary block on the statutory form is optional.

Who decides my health care if I have no directive in South Carolina?

This list (Adult Health Care Consent Act) applies when you are unable to consent. Decisions must follow your wishes if they can be determined, otherwise your best interest. If people with equal priority disagree, anyone interested can ask the probate court to decide or to appoint a guardian.

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