How do I start the process to create a living will in North Carolina? – South Carolina

Short Answer

In South Carolina, a “living will” is usually called a Declaration of a Desire for a Natural Death. The process starts by completing a declaration that is substantially in the statutory form, then signing it with the required formalities: a notary (or other officer authorized to administer oaths) and two qualified witnesses. After signing, the most important practical step is making sure health care providers and key family members can quickly access the document when needed.

Understanding the Problem

In South Carolina, can an adult start a “living will” by signing a written declaration that directs whether life-sustaining procedures should be withheld or withdrawn if a terminal condition or permanent unconsciousness occurs? The key decision point is whether the declaration is executed with the required witnesses and notarization so medical providers can rely on it when the triggering medical condition occurs.

Apply the Law

South Carolina recognizes a statutory living will through the South Carolina Death with Dignity Act. The document is commonly titled a “Declaration of a Desire for a Natural Death.” It is designed to guide decisions about life-sustaining procedures if the declarant is later certified by two physicians to have a terminal condition or to be in a state of permanent unconsciousness. To start the process, the declaration must track the statutory form and must be executed with specific signing, witnessing, and notarization requirements so it is valid on its face.

Key Requirements

Use the required form and scope: The declaration must substantially follow the statutory form and must express the intent to withhold or withdraw life-sustaining procedures in the limited situations covered by the Act (terminal condition or permanent unconsciousness), including the required acknowledgments and instructions.
Proper signing, notarization, and witnesses: The declarant must sign and date the declaration in the presence of an officer authorized to administer oaths (often a notary) and in the presence of two qualified witnesses, with an accompanying witness affidavit completed as required.
Qualified witnesses (and ombudsman if in a facility): Witnesses must meet disqualification rules (for example, certain relatives and people who would benefit from the declarant’s death generally cannot serve). If the declarant is a patient in a hospital or a resident of a nursing care facility at signing, one witness must be an ombudsman designated by the State Ombudsman.

What the Statutes Say

S.C. Code Ann. § 44-77-50 (Form of declaration) – Provides the statutory form language and required revocation disclosures for the declaration.
S.C. Code Ann. § 44-77-40 (Validity of declaration) – Sets the execution rules, including notarization, two qualified witnesses, and the ombudsman requirement in certain facilities.
S.C. Code Ann. § 44-77-30 (When life-sustaining procedures may be withheld) – Explains when the declaration may be implemented, including the two-physician certification requirement and other medical conditions/thresholds.

Analysis

Apply the Rule to the Facts: The question asks how to start the process, so the first step is choosing the South Carolina statutory “Declaration of a Desire for a Natural Death” format and completing it so it substantially matches the required form. Next, the declaration must be executed correctly: signed and dated with a notary (or other authorized officer) and two qualified witnesses, with the required witness affidavit. Finally, because the document matters most during a medical crisis, the process should include distributing copies so health care providers and trusted people can locate it quickly.

Process & Timing

Who completes and signs: The adult making the declaration (the “declarant”). Where: In front of a notary public (or other officer authorized to administer oaths) and two qualified witnesses in South Carolina. What: A “Declaration of a Desire for a Natural Death” that substantially follows the statutory form, including the witness affidavit. When: Any time after turning 18 and while mentally competent.
Make it usable in real life: Sign more than one original if desired, then provide copies (or an original) to a primary care physician and keep a copy in an accessible place. If admitted to a hospital, the facility should be told the declaration exists so it can be placed in the medical record.
Keep it current: Revisit the declaration after major life changes (new diagnosis, marriage/divorce, changes in wishes). If the declaration is revoked or replaced, communicate the change to the attending physician so the medical team does not rely on an outdated document.

Exceptions & Pitfalls

Using the wrong state’s form: The question references North Carolina, but South Carolina has its own statutory form and execution rules. A document that does not meet South Carolina’s requirements can create delays or disputes when it matters most.
Unqualified witnesses: A common mistake is having a relative, a person who expects to inherit, or someone otherwise disqualified serve as a witness. That can undermine validity and create challenges at the hospital.
Signing while in a hospital or nursing facility without an ombudsman witness: If the declarant is a patient/resident at signing, one witness must be the designated ombudsman. Skipping this step is a frequent execution problem.
Confusing a living will with a health care power of attorney: A living will is limited to end-of-life life-support directions in specific medical situations. Many people also use a health care power of attorney to name an agent to make broader medical decisions during incapacity.
Document not available when needed: A properly signed declaration may still be ineffective in practice if no one can find it during an emergency. Distribution and accessibility are part of a sound process.

Conclusion

In South Carolina, starting a “living will” means preparing a Declaration of a Desire for a Natural Death that substantially follows the statutory form and then signing and dating it with a notary (or other authorized officer) and two qualified witnesses (with an ombudsman witness if signing while a hospital patient or nursing facility resident). The declaration generally applies only if two physicians certify a terminal condition or permanent unconsciousness. Next step: execute the declaration with the required witnesses and notarization, then provide a copy to the primary physician promptly.

Talk to a Probate Attorney

If a living will is being considered as part of an overall estate plan in South Carolina, a probate attorney can help confirm the correct statutory form is used, coordinate qualified witnesses and notarization, and align the living will with other planning documents so the instructions are clear and easy to follow when a medical crisis happens.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.