Free South Carolina Advance Directive & Living Will
Build a complete South Carolina advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with South Carolina's correct signing requirements.
A free directive — not legal or medical advice.
This builds a South Carolina advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as South Carolina requires (see the signing steps). RecordingLaw.com is not a law firm.
About you
Your health care agent
The person who will make medical decisions if you can't speak for yourself — the most important choice.
Note: in South Carolina, your agent cannot be Health Care Power of Attorney (§ 62-5-504): the agent and successor agent cannot be a witness. Standard bar: the agent should not be the principal's health care provider/employee absent relationship. A pregnant principal's life-sustaining procedures may not be withdrawn (see pregnancy note).
Your end-of-life wishes
If you are terminally ill or permanently unconscious with no recovery expected.
Note: South Carolina law may suspend these wishes during pregnancy.
Other wishes (optional)
Before you sign — South Carolina notes
This directive has NO legal effect until you sign it. To make it valid in South Carolina: South Carolina's living will is the specific statutory 'Declaration of a Desire for a Natural Death' (§ 44-77-50). It has strict execution: sign before TWO witnesses AND an officer authorized to administer oaths (notary) — both witnesses and notary required. Witnesses cannot be relatives, heirs, estate-claimants, life-insurance beneficiaries, persons financially responsible for your care, or your physician/employee; only one may be a facility employee; an institutionalized declarant needs an ombudsman witness. The Declaration is void while pregnant. A separate Health Care Power of Attorney (§ 62-5-504) names an agent and requires two qualified witnesses.
Witness rules: a witness must NOT be Declaration of a Desire for a Natural Death (§ 44-77-40): signed by the declarant in the presence of two witnesses AND before an officer authorized to administer oaths (notary). One of the two witnesses may be the officer. Witnesses must swear in an affidavit they are NOT: related to the declarant by blood, marriage, or adoption; directly financially responsible for the declarant's medical care; entitled to any portion of the estate; a beneficiary of a life insurance policy of the declarant; the attending physician or the physician's employee; or a person with a claim against the estate. No more than one witness may be an employee of a facility where the declarant is a patient. If the declarant is in a hospital or nursing facility, an ombudsman designated by the State Ombudsman must be a witness.
Your agent cannot be Health Care Power of Attorney (§ 62-5-504): the agent and successor agent cannot be a witness. Standard bar: the agent should not be the principal's health care provider/employee absent relationship. A pregnant principal's life-sustaining procedures may not be withdrawn (see pregnancy note).
South Carolina requires BOTH 2 witnesses AND a notary — do both.
Pregnancy: South Carolina law may suspend your living-will instructions while you are pregnant. S.C. Code § 44-77-70: if the declarant has been diagnosed as pregnant, the Declaration is not effective during the course of the pregnancy. Under the HCPOA (§ 62-5-504), life-sustaining procedures may not be withheld/withdrawn from a pregnant principal, though the agent retains authority over other obstetrical/health care during the pregnancy.
South Carolina also publishes an official statutory directive form (S.C. Code § 44-77-50 (statutory 'Declaration of a Desire for a Natural Death' form) and § 62-5-504 (Health Care Power of Attorney statutory form)); this document is a valid alternative that covers the same ground.
After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.
This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.
Enter your name and your agent's name to download.
Or email yourself a copy (PDF)
Advance Health Care Directive of [YOUR FULL NAME]
PART I — DECLARATION
I, [YOUR FULL NAME], of [CITY], South Carolina, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.
PART II — MY HEALTH CARE AGENT
I appoint [AGENT NAME] as my health care agent.
My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.
My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.
I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.
PART III — LIVING WILL — MY END-OF-LIFE WISHES
If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.
I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.
Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.
Note about pregnancy: under South Carolina law, this living-will instruction may be limited or suspended if I am pregnant. S.C. Code § 44-77-70: if the declarant has been diagnosed as pregnant, the Declaration is not effective during the course of the pregnancy. Under the HCPOA (§ 62-5-504), life-sustaining procedures may not be withheld/withdrawn from a pregnant principal, though the agent retains authority over other obstetrical/health care during the pregnancy.
PART IV — GENERAL PROVISIONS
This directive is governed by the laws of South Carolina and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.
If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.
SIGNATURE
I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], South Carolina.
____________________________________
[YOUR FULL NAME], Principal
WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
STATE OF __________, COUNTY OF __________. Subscribed and sworn before me on __________.
____________________________________ Notary Public
How to Sign Your Advance Directive in South Carolina
South Carolina's living will is the specific statutory 'Declaration of a Desire for a Natural Death' (§ 44-77-50). It has strict execution: sign before TWO witnesses AND an officer authorized to administer oaths (notary) — both witnesses and notary required. Witnesses cannot be relatives, heirs, estate-claimants, life-insurance beneficiaries, persons financially responsible for your care, or your physician/employee; only one may be a facility employee; an institutionalized declarant needs an ombudsman witness. The Declaration is void while pregnant. A separate Health Care Power of Attorney (§ 62-5-504) names an agent and requires two qualified witnesses.
South Carolina requires 2 witnesses and a notary. South Carolina is one of the few states that requires both — do not skip either. This generator's PDF includes a signing page with these exact steps.
The Two Parts: Health Care Agent and Living Will
Your South Carolina directive has two jobs. The health care agent (also called a healthcare proxy or medical power of attorney) is the person who speaks to doctors for you if you cannot — choosing treatments, providers, and facilities and seeing your medical records. The living will records your own instructions about life-sustaining treatment if you are terminally ill or permanently unconscious with no reasonable hope of recovery.
Who Can Be Your Agent and Witnesses in South Carolina
Your agent: In South Carolina, your health care agent cannot be Health Care Power of Attorney (§ 62-5-504): the agent and successor agent cannot be a witness. Standard bar: the agent should not be the principal's health care provider/employee absent relationship. A pregnant principal's life-sustaining procedures may not be withdrawn (see pregnancy note). Choose someone you trust who knows your values and will advocate for you.
Your witnesses: In South Carolina, a witness must NOT be Declaration of a Desire for a Natural Death (§ 44-77-40): signed by the declarant in the presence of two witnesses AND before an officer authorized to administer oaths (notary). One of the two witnesses may be the officer. Witnesses must swear in an affidavit they are NOT: related to the declarant by blood, marriage, or adoption; directly financially responsible for the declarant's medical care; entitled to any portion of the estate; a beneficiary of a life insurance policy of the declarant; the attending physician or the physician's employee; or a person with a claim against the estate. No more than one witness may be an employee of a facility where the declarant is a patient. If the declarant is in a hospital or nursing facility, an ombudsman designated by the State Ombudsman must be a witness.. Pick neutral adults.
The Pregnancy Rule in South Carolina
S.C. Code § 44-77-70: if the declarant has been diagnosed as pregnant, the Declaration is not effective during the course of the pregnancy. Under the HCPOA (§ 62-5-504), life-sustaining procedures may not be withheld/withdrawn from a pregnant principal, though the agent retains authority over other obstetrical/health care during the pregnancy. This is a real and sometimes controversial limit; if it matters to you, discuss it with your doctor and consider adding specific instructions, and talk to an attorney about your options.
Who Decides If You Have No Directive in South Carolina?
If you have not named a health care agent, South Carolina law decides who speaks for you: S.C. Adult Health Care Consent Act (§ 44-66-30) priority when no agent/guardian: (1) court-appointed guardian, (2) health care agent under a HCPOA, (3) spouse (unless legally separated/divorce pending), (4) parent or adult child, (5) adult sibling, grandparent, or adult grandchild, (6) other relatives by blood or marriage who reasonably know the patient's wishes, (7) a person with an established relationship who acts in good faith and reasonably knows the patient's wishes. An unmarried partner usually has no automatic say. Signing a directive is how you choose your own decision-maker instead of leaving it to this default.
Updating, Revoking, and Sharing Your Directive
Review your directive after any major change — a new diagnosis, a divorce, the death of your agent, or a move to a new state (a directive valid where you signed it is usually honored elsewhere, but it is wise to re-sign under your new state's rules). You can revoke it any time by telling your agent or doctor or by signing a new one. After signing, give copies to your agent, your alternate, and your doctor and keep the original where it can be found quickly — a directive no one can locate cannot help you.
Frequently Asked Questions
Is an advance directive made online valid in South Carolina?
Yes, if you sign it correctly. South Carolina requires 2 witnesses and a notary. The document this tool creates is a standard declaration of a desire for a natural death (living will, title 44 ch. 77) + health care power of attorney (§ 62-5-504); it becomes legally effective when you sign it as described above.
Do I need a lawyer to make an advance directive in South Carolina?
No. A properly signed advance directive is valid whether or not a lawyer prepares it. See an attorney if you have complex wishes, a serious illness, or want detailed limits on specific treatments.
What is the difference between a living will and a healthcare power of attorney?
A living will states your own wishes about life-sustaining treatment. A healthcare power of attorney (agent/proxy) names a person to make medical decisions for you. This generator combines both in one South Carolina directive.
Does my South Carolina directive need to be notarized?
Yes — South Carolina requires both a notary and 2 witnesses.
Who can witness my advance directive in South Carolina?
Adults who are not Declaration of a Desire for a Natural Death (§ 44-77-40): signed by the declarant in the presence of two witnesses AND before an officer authorized to administer oaths (notary). One of the two witnesses may be the officer. Witnesses must swear in an affidavit they are NOT: related to the declarant by blood, marriage, or adoption; directly financially responsible for the declarant's medical care; entitled to any portion of the estate; a beneficiary of a life insurance policy of the declarant; the attending physician or the physician's employee; or a person with a claim against the estate. No more than one witness may be an employee of a facility where the declarant is a patient. If the declarant is in a hospital or nursing facility, an ombudsman designated by the State Ombudsman must be a witness..
What happens if I don't have an advance directive in South Carolina?
South Carolina decides who makes your medical decisions: S.C. Adult Health Care Consent Act (§ 44-66-30) priority when no agent/guardian: (1) court-appointed guardian, (2) health care agent under a HCPOA, (3) spouse (unless legally separated/divorce pending), (4) parent or adult child, (5) adult sibling, grandparent, or adult grandchild, (6) other relatives by blood or marriage who reasonably know the patient's wishes, (7) a person with an established relationship who acts in good faith and reasonably knows the patient's wishes.
Does pregnancy affect my living will in South Carolina?
Yes. S.C. Code § 44-77-70: if the declarant has been diagnosed as pregnant, the Declaration is not effective during the course of the pregnancy. Under the HCPOA (§ 62-5-504), life-sustaining procedures may not be withheld/withdrawn from a pregnant principal, though the agent retains authority over other obstetrical/health care during the pregnancy. Discuss this with your doctor and an attorney if it concerns you.
Can my agent override my living will?
No. Your agent must follow the clear wishes you write down. The living will guides your agent and your doctors; the agent fills in decisions you did not specifically address.
Do I have to file my directive with a court?
No. An advance directive is not filed with any court. You keep the signed original and give copies to your agent and your doctor so it is available when needed.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal or medical advice.
Disclaimer
This generator produces a general-purpose advance directive and is not legal or medical advice or a substitute for an attorney or your physician. Healthcare-directive law changes; the South Carolina requirements here are current as of 2026-06-05. A directive is only effective if signed as your state requires. For a serious illness, detailed treatment limits, or complex family situations, talk to your doctor and a South Carolina estate-planning attorney. RecordingLaw.com is not a law firm.
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