South Carolina Living Will Form

I am aware that this Declaration authorizes a physician to withhold or withdraw life-sustaining procedures. I am emotionally and mentally competent to make this Declaration.

APPOINTMENT OF AN AGENT (OPTIONAL)

1. You may give another person authority to revoke this declaration on your behalf. If you wish to do so, please enter that person’s name in the space below.

Name of Agent with Power to Revoke:                                             

Address:                                                                     

Telephone Number:                                    

2. You may give another person authority to enforce this declaration on your behalf. If you wish to do so, please enter that person’s name in the space below.

Name of Agent with Power to Revoke:                                             

Address:                                                                     

Telephone Number:                                    

REVOCATION PROCEDURES

THIS DECLARATION MAY BE REVOKED BY ANY ONE OF THE FOLLOWING METHODS. HOWEVER, A REVOCATION IS NOT EFFECTIVE UNTIL IT IS COMMUNICATED TO THE ATTENDING PHYSICIAN.

(1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE DESTROYED, IN EXPRESSION OF YOUR INTENT TO REVOKE, BY YOU OR BY SOME PERSON IN YOUR PRESENCE AND BY YOUR DIRECTION. REVOCATION BY DESTRUCTION OF ONE OR MORE OF MULTIPLE ORIGINAL DECLARATIONS REVOKES ALL OF THE ORIGINAL DECLARATIONS;

(2) BY A WRITTEN REVOCATION SIGNED AND DATED BY YOU EXPRESSING YOUR INTENT TO REVOKE;

(3) BY YOUR ORAL EXPRESSION OF YOUR INTENT TO REVOKE THE DECLARATION. AN ORAL REVOCATION COMMUNICATED TO THE ATTENDING PHYSICIAN BY A PERSON OTHER THAN YOU IS EFFECTIVE ONLY IF:

 (a) THE PERSON WAS PRESENT WHEN THE ORAL REVOCATION WAS MADE;

 (b) THE REVOCATION WAS COMMUNICATED TO THE PHYSICIAN WITHIN A REASONABLE TIME;

 (c) YOUR PHYSICAL OR MENTAL CONDITION MAKES IT IMPOSSIBLE FOR THE PHYSICIAN TO CONFIRM THROUGH SUBSEQUENT CONVERSATION WITH YOU THAT THE REVOCATION HAS OCCURRED.

  TO BE EFFECTIVE AS A REVOCATION, THE ORAL EXPRESSION CLEARLY MUST INDICATE YOUR DESIRE THAT THE DECLARATION NOT BE GIVEN EFFECT OR THAT LIFE-SUSTAINING PROCEDURES BE ADMINISTERED;

(4) IF YOU, IN THE SPACE ABOVE, HAVE AUTHORIZED AN AGENT TO REVOKE THE DECLARATION, THE AGENT MAY REVOKE ORALLY OR BY A WRITTEN, SIGNED, AND DATED INSTRUMENT. AN AGENT MAY REVOKE ONLY IF YOU ARE INCOMPETENT TO DO SO. AN AGENT MAY REVOKE THE DECLARATION PERMANENTLY OR TEMPORARILY.

(5) BY YOUR EXECUTING ANOTHER DECLARATION AT A LATER TIME.

     ________________________________

Signature of Declarant

AFFIDAVIT

STATE OF                            

COUNTY OF                          

We,                                   and                          , the undersigned

witnesses to the foregoing Declaration, dated the       day of              , 20    , at least one of us being first duly sworn, declare to the undersigned authority, on the basis of our best information and belief, that the Declaration was on that date signed by the declarant as and for his or her DECLARATION OF A DESIRE FOR A NATURAL DEATH in our presence and we, at his or her request and in his or her presence, and in the presence of each other, subscribe our names as witnesses on that date. The declarant is personally known to us, and we know him or her to be of sound mind. Each of us affirms that he or she is qualified as a witness to this Declaration under the provisions of the South Carolina Death With Dignity Act in that he or she is not related to the declarant by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them; nor directly financially responsible for the declarant’s medical care; nor entitled to any portion of the declarant’s estate upon his or her decease, whether under any will or as an heir by intestate succession; nor the beneficiary of a life insurance policy of the declarant; nor the declarant’s attending physician; nor an employee of the attending physician; nor a person who has a claim against the declarant’s decedent’s estate as of this time. No more than one of us is an employee of a health facility in which the declarant is a patient. If the declarant is a resident in a hospital or nursing care facility at the date of execution of this Declaration, at least one of us is an ombudsman designated by the State Ombudsman, Office of the Governor.

     ________________________________

Witness

     ________________________________

Witness

Subscribed before me by                        , the declarant, and subscribed and sworn to

before me by                   ___, the witnesses, this _____ day of ____       __, 20    .

(SEAL)

     ________________________________

Signature

Notary Public for _____                 

My Commission Expires: _______________