South Carolina Will Laws

South Carolina

Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

SC CODE § 62-2-101 to 62-2-114

South Carolina Code of Laws Title 62, Article 2 (Intestate Succession and Wills)

State Law Statute

44-77-10, et seq. Death with Dignity Act

Specific Powers

Medical procedures or intervention serving only to prolong the dying process; does not include treatment for comfort care or pain alleviation; declarant should indicate whether nutrition and hydration through surgically implanted tubes is desired; if declarant fails to do so, nutrition and hydration necessary for comfort care and pain alleviation will be provided.

Revocation Duration

Revocation of a living will can be completed via the following methods:

Destruction of document when communicated to physician
written revocation signed and dated upon communication to physician
oral expression of intent to revoke when communicated to physician
communication of oral revocation may be made by someone present when revocation made, if communicated within reasonable time and declarant is physically or mentally able to confirm or by designee if declarant is incompetent
execution of subsequent declaration

Reciprocity

For patients in terminal condition, a document with same intent as this state's laws that is in compliance with the laws of that state is effective.

Transfer Unwilling

Physician must make a reasonable effort to locate a physician who will effectuate patients declaration and has a duty to transfer patient to such physician

Immunity Physician

No criminal or civil liability for acting in good faith and in accordance with the standards of reasonable medical care pursuant to the statute