Document end-of-life preferences in South Carolina: South Carolina Living Will
What is a South Carolina Living Will?
A South Carolina Living Will is a legal document that lays out your preferences in relation to health care, such as your refusal or acceptance of a certain medical treatment or procedure, in addition to the optional selection of a chosen healthcare decision maker or "agent."
The person making a Living Will is known as the "principal," and the individual or organization receiving authority to carry out the principal's wishes is known as the "agent." Designed for residents of South Carolina, this free Living Will is made for use in Charleston County, Greenville County, Richland County, and in every other region in the state. Any South Carolina Living Will form from Rocket Lawyer can be tailored to address your unique situation. With this essential legal document on hand, your healthcare institutions will have a point of reference for your preferences, and your agent will be able to offer proof that they have been given the authority to make choices for you when you are not able.
When to use a South Carolina Living Will:
- You want to specify your wishes so that it is more likely they will be carried out.
- You are facing the possibility of surgery or a hospitalization.
- You have declining health.
- You have been diagnosed with a terminal condition.
How do I get my South Carolina Living Will reviewed?
If you already have a South Carolina Living Will and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
South Carolina Living Will FAQs
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How do I write a Living Will in South Carolina?
It is simple and easy to document your medical preferences using a free South Carolina Living Will template from Rocket Lawyer:
- Make the document - Answer a few questions, and we will do the rest
- Send or share it - Discuss it with your healthcare agent or get legal advice
- Sign it - Required or not, notarization/witnesses are ideal
This solution, in most cases, would end up being much less expensive and less time-consuming than finding and hiring the average provider. If needed, you can prepare this Living Will on behalf of a relative, and then have that person sign it after you've drafted it. Keep in mind that for a Living Will to be accepted as valid, the principal must be an adult who is mentally competent at the time of signing. In the event that the principal is already incapacitated and unable to make their own decisions, a conservatorship may be necessary. In this situation, it would be important for you to ask an Legal Pro.
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Who should have a Living Will?
Anyone who is over 18 years old should have a Living Will. While it may be tough to think about, a day may come when you are not able to make your own medical decisions. Here are a few common occasions in which you might consider it helpful to make or update your Living Will:
- You are currently managing a terminal illness
- You are facing the possibility of medical procedure or hospitalization
- You currently reside in or are preparing to move into a care facility
- You are getting older or have declining health
Regardless of whether this South Carolina Living Will has been created as a result of a recent change in your health or as part of a long-term plan, witnesses and notarization often help to protect your document if its lawfulness is disputed.
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Do I need to work with an attorney for my Living Will in South Carolina?
It’s a good idea to have important documents like your South Carolina Living Will reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your South Carolina Living Willdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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How much might I usually have to pay for a lawyer to help me make a Living Will in South Carolina?
Attorney fees for drafting or reviewing a South Carolina Living Will can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized South Carolina Living Will tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Does a Living Will need to be notarized or witnessed in South Carolina?
The requirements for Living Wills will vary by state; however, in South Carolina, your document needs to be acknowledged by a notary public and signed by two witnesses. Witnesses to your Living Will form shouldn't be your attending physician or their employees, nor can they be anyone who is directly responsible for your healthcare costs, your spouse, relatives, adoptees, heirs, or other beneficiaries. As a general principle, witnesses must not be under the age of 18, and no witness should simultaneously be designated as your agent.
