It’s difficult for any of us to imagine a time when a loved one or family member might become unable to make medical decisions for themselves or be otherwise incapacitated. But if the unthinkable happens, someone may have to step in and make health care decisions for them. South Carolina law provides a legal framework, called a “durable power of attorney,†that allows for those decisions to be made on a person’s behalf. Here are the basics of durable power of attorney laws in South Carolina.
Durable Power of Attorney Statutes
The chart below highlights some of South Carolina’s durable power of attorney laws.
| Code Section | South Carolina Code of Laws 62-5-501, et seq.: Powers of Attorney |
| Specific Powers, Life-Prolonging Acts | Medical procedure or intervention serving only to prolong the dying process, not including medication or treatment for pain alleviation or comfort care. Principal should indicate whether provision of nutrition and hydration through surgically implanted tubes is desired |
| Legal Requirements for Durable Power of Attorney | (1) Substantially in statutory form §62-5-504 (D); (2) signed; (3) dated; (4) 2 witnesses; (5) state name and address of adult agent; (6) can't withhold or withdraw life-sustaining procedures during pregnancy |
| Revocation of Durable Power of Attorney | Revocable by (1) written or oral statement or other act constituting notification to agent or health care provider of specific intent to revoke; (2) principal's execution of subsequent health care power of attorney |
| Validity from State-to-State | Effective if executed in compliance with South Carolina law or laws of another state and recorded as required by §62-5-501 (c) |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician must make reasonable effort to locate a physician who will follow directive and has a duty to transfer patient to that physician. |
| Immunity for Attending Physician | No civil, criminal, or professional liability for relying in good faith on agent's health care decisions |
Should you or someone you love become unable to communicate your health care wishes due to illness or unconsciousness, a living wills and/or health care power of attorney can allow you to express your preferences regarding your medical treatment beforehand. You can also designate a person who can make end-of-life care decisions on your behalf by using health care power of attorney forms.
Related Resources for South Carolina Durable Power of Attorney Laws:
Creating powers of attorney, especially when it comes to health care issues, can be complicated and should be taken very seriously. For more articles and resources on this topic, you can visit FindLaw’s Living Wills and Power of Attorney section. If you would like legal assistance with a power of attorney matter, you can contact a South Carolina estate planning attorney.
