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SOUTH CAROLINA HEALTH CARE POWER OF ATTORNEY
INFORMATION ABOUT THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS DOCUMENT GIVES THE PERSON YOU NAME AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU IF YOU CANNOT MAKE THE DECISION FOR YOURSELF. THIS POWER INCLUDES THE POWER TO MAKE DECISIONS ABOUT LIFE-SUSTAINING TREATMENT. UNLESS YOU STATE OTHERWISE, YOUR AGENT WILL HAVE THE SAME AUTHORITY TO MAKE DECISIONS ABOUT YOUR HEALTH CARE AS YOU WOULD HAVE.
2. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENTS OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. YOU MAY STATE IN THIS DOCUMENT ANY TREATMENT YOU DO NOT DESIRE OR TREATMENT YOU WANT TO BE SURE YOU RECEIVE. YOUR AGENT WILL BE OBLIGATED TO FOLLOW YOUR INSTRUCTIONS WHEN MAKING DECISIONS ON YOUR BEHALF. YOU MAY ATTACH ADDITIONAL PAGES IF YOU NEED MORE SPACE TO COMPLETE THE STATEMENT.
3. AFTER YOU HAVE SIGNED THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE HEALTH CARE DECISIONS FOR YOURSELF IF YOU ARE MENTALLY COMPETENT TO DO SO. AFTER YOU HAVE SIGNED THIS DOCUMENT, NO TREATMENT MAY BE GIVEN TO YOU OR STOPPED OVER YOUR OBJECTION IF YOU ARE MENTALLY COMPETENT TO MAKE THAT DECISION.
4. YOU HAVE THE RIGHT TO REVOKE THIS DOCUMENT, AND TERMINATE YOUR AGENT'S AUTHORITY, BY INFORMING EITHER YOUR AGENT OR YOUR HEALTH CARE PROVIDER ORALLY OR IN WRITING.
5. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A SOCIAL WORKER, LAWYER, OR OTHER PERSON TO EXPLAIN IT TO YOU.
6. THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS TWO PERSONS SIGN AS WITNESSES. EACH OF THESE PERSONS MUST EITHER WITNESS YOUR SIGNING OF THE POWER OF ATTORNEY OR WITNESS YOUR ACKNOWLEDGEMENT THAT THE SIGNATURE ON THE POWER OF ATTORNEY IS YOURS.
THE FOLLOWING PERSONS MAY NOT ACT AS WITNESSES:
A. YOUR SPOUSE; YOUR CHILDREN, GRANDCHILDREN, AND OTHER LINEAL DESCENDANTS; YOUR PARENTS, GRANDPARENTS, AND OTHER LINEAL ANCESTORS; YOUR SIBLINGS AND THEIR LINEAL DESCENDANTS; OR A SPOUSE OF ANY OF THESE PERSONS.
B. A PERSON WHO IS DIRECTLY FINANCIALLY RESPONSIBLE FOR YOUR MEDICAL CARE.
C. A PERSON WHO IS NAMED IN YOUR WILL, OR, IF YOU HAVE NO WILL, WHO WOULD INHERIT YOUR PROPERTY BY INTESTATE SUCCESSION.
D. A BENEFICIARY OF A LIFE INSURANCE POLICY ON YOUR LIFE.
E. THE PERSONS NAMED IN THE HEALTH CARE POWER OF ATTORNEY AS YOUR AGENT OR SUCCESSOR AGENT.
F. YOUR PHYSICIAN OR AN EMPLOYEE OF YOUR PHYSICIAN.
G. ANY PERSON WHO WOULD HAVE A CLAIM AGAINST ANY PORTION OF YOUR ESTATE (PERSONS TO WHOM YOU OWE MONEY).
IF YOU ARE A PATIENT IN A HEALTH FACILITY, NO MORE THAN ONE WITNESS MAY BE AN EMPLOYEE OF THAT FACILITY.
7. YOUR AGENT MUST BE A PERSON WHO IS 18 YEARS OLD OR OLDER AND OF SOUND MIND. IT MAY NOT BE YOUR DOCTOR OR ANY OTHER HEALTH CARE PROVIDER THAT IS NOW PROVIDING YOU WITH TREATMENT; OR AN EMPLOYEE OF YOUR DOCTOR OR PROVIDER; OR A SPOUSE OF THE DOCTOR, PROVIDER, OR EMPLOYEE; UNLESS THE PERSON IS A RELATIVE OF YOURS.
8. YOU SHOULD INFORM THE PERSON THAT YOU WANT HIM OR HER TO BE YOUR HEALTH CARE AGENT. YOU SHOULD DISCUSS THIS DOCUMENT WITH YOUR AGENT AND YOUR PHYSICIAN AND GIVE EACH A SIGNED COPY. IF YOU ARE IN A HEALTH CARE FACILITY OR A NURSING CARE FACILITY, A COPY OF THIS DOCUMENT SHOULD BE INCLUDED IN YOUR MEDICAL RECORD.
HEALTHCARE POWER OF ATTORNEY
(S.C. STATUTORY FORM)
. DESIGNATION OF HEALTH CARE AGENT. I, , hereby appoint:
| Agent Name: |
| Address: |
| , |
| Phone: | Home: Work: |
| Relation, if any: |
as my Agent to make health care decisions for me as authorized in this document.
. EFFECTIVE DATE AND DURABILITY. By this document I intend to create a Durable Power of Attorney effective upon, and only during, any period of mental incompetence.
. HIPAA AUTHORIZATION. When considering or making health care decisions for me, all individually identifiable health information and medical records shall be released without restriction to my health care agent(s) and/or my alternate health care agent(s) named above including, but not limited to, (i) diagnostic, treatment, other health care, and related insurance and financial records and information associated with any past, present, or future physical or mental health condition including, but not limited to, diagnosis or treatment of HIV/AIDS, sexually transmitted disease(s), mental illness, and/or drug or alcohol abuse and (ii) any written opinion relating to my health that such health care agent(s) and/or alternate health care agent(s) may have requested. Without limiting the generality of the foregoing, this release authority applies to all health information and medical records governed by the Health Information Portability and Accountability Act of 1996 (HIPAA), 42 USC 1320d and 45 CFR 160-164; is effective whether or not I am mentally competent; has no expiration date; and shall terminate only in the event that I revoke the authority in writing and deliver it to my health care provider.
. AGENT'S POWERS. I grant to my Agent full authority to make decisions for me regarding my health care. In exercising this authority, my Agent shall follow my desires as stated in this document or otherwise expressed by me or known to my Agent. In making any decision, my Agent shall attempt to discuss the proposed decision with me to determine my desires if I am able to communicate in any way. If my Agent cannot determine the choice I would want made, then my Agent shall make a choice for me based upon what my Agent believes to be in my best interests. My Agent's authority to interpret my desires is intended to be as broad as possible, except for any limitations I may state below.
Accordingly, unless specifically limited by Section E, below, my Agent is authorized as follows:
A. To consent, refuse, or withdraw consent to any and all types of medical care, treatment, surgical procedures, diagnostic procedures, medication, and the use of mechanical or other procedures that affect any bodily function, including, but not limited to, artificial respiration, nutritional support and hydration, and cardiopulmonary resuscitation;
B. To authorize, or refuse to authorize, any medication or procedure intended to relieve pain, even though such use may lead to physical damage, addiction, or hasten the moment of, but not intentionally cause, my death;
C. To authorize my admission to or discharge, even against medical advice, from any hospital, nursing care facility, or similar facility or service;
D. To take any other action necessary to making, documenting, and assuring implementation of decisions concerning my health care, including, but not limited to, granting any waiver or release from liability required by any hospital, physician, nursing care provider, or other health care provider; signing any documents relating to refusals of treatment or the leaving of a facility against medical advice, and pursuing any legal action in my name, and at the expense of my estate to force compliance with my wishes as determined by my Agent, or to seek actual or punitive damages for the failure to comply.
E. The powers granted above do not include the following powers or are subject to the following rules or limitations:
. ORGAN DONATION. My Agent consent to the donation of all or any of my tissue or organs for purposes of transplantation.
__________
(Initials)
. EFFECT ON DECLARATION OF A DESIRE FOR A NATURAL DEATH (LIVING WILL). I understand that if I have a valid Declaration of a Desire for a Natural Death, the instructions contained in the Declaration will be given effect in any situation to which they are applicable. My Agent will have authority to make decisions concerning my health care only in situations to which the Declaration does not apply.
GRANT OF DISCRETION TO AGENT. I do not want my life to be prolonged nor do I want life-sustaining procedures to be provided or continued if my Agent believes the burdens of the treatment outweigh the expected benefits. I want my Agent to consider the relief of suffering, my personal beliefs, the expense involved and the quality as well as the possible extension of my life in making decisions concerning life-sustaining procedures.
DIRECTIVE TO WITHHOLD OR WITHDRAW TREATMENT. I do not want my life to be prolonged and I do not want life-sustaining procedures:
a. if I have a condition that is incurable or irreversible and, without the administration of life-sustaining procedures, expected to result in death within a relatively short period of time; or
b. if I am in a state of permanent unconsciousness.
DIRECTIVE FOR MAXIMUM TREATMENT. I want my life to be prolonged to the greatest extent possible, within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedures.
DIRECTIVE IN MY OWN WORDS:
SECOND ALTERNATE AGENT
| Agent Name: |
| Address: |
| , |
| Phone: | Home: Work: |
. ADMINISTRATIVE PROVISIONS.
A. I revoke any prior Health Care Power of Attorney and any provisions relating to health care of any other prior power of attorney.
B. This power of attorney is intended to be valid in any jurisdiction in which it is presented.
C. If any provision in this document is held to be invalid, such invalidity shall not affect the other provisions which can be given effect without the invalid provision, and to this end the directions in this document are severable.
. UNAVAILABILITY OF AGENT. If at any relevant time the Agent or Successor Agents named herein are unable or unwilling to make decisions concerning my health care, and those decisions are to be made by a Guardian, by the Probate Court, or by a surrogate pursuant to the Adult Health Care Consent Act, it is my intention that the Guardian, Probate Court, or surrogate make those decisions in accordance with my directions as stated in this document.
BY SIGNING HERE I INDICATE THAT I UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND THE EFFECT OF THIS GRANT OF POWERS TO MY AGENT.
I sign my name to this document on this ______ day of ____________________, _____.
| Signature: | ________________________________________ |
| Name: |
| Address: |
| County |
WITNESS STATEMENT
I declare, on the basis of information and belief, that the person who signed or acknowledged this document (the Principal) is personally known to me, that he/she signed or acknowledged this Health Care Power of Attorney in my presence, and that he/she appears to be of sound mind and under no duress, fraud, or undue influence. I am not related to the Principal by blood, marriage, or adoption, either as a spouse, a lineal ancestor, descendant of the parents of the Principal, or spouse of any of them. I am not directly financially responsible for the Principal's medical care. I am not entitled to any portion of the Principal's estate upon his decease, whether under any will or as an heir by Intestate Succession, nor am I the beneficiary of an insurance policy on the Principal's life, nor do I have a claim against the Principal's estate as of this time. I am not the Principal's attending physician, nor an employee of the attending physician. No more than one witness is an employee of a health facility in which the Principal is a patient. I am not appointed as Health Care Agent or Successor Health Care Agent by this document.
| Witness Signature: | ________________________________________ |
Date: _________________________
| Witness Signature: | ________________________________________ |
Date: _________________________
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It's simple and easy to grant or obtain the authority you might need with a free South Carolina Medical Power of Attorney template from Rocket Lawyer:
This method is, in many cases, notably more affordable than meeting and hiring a conventional lawyer. If necessary, you may start this Medical PoA on behalf of your spouse, an elderly parent, or another family member, and then help that person sign it once you've drafted it. Please note that for a Power of Attorney to be considered legally valid, the principal must be a mentally competent adult when they sign. In the event that the principal has already been declared incompetent, a conservatorship could be required. When managing such a situation, it would be best for you to speak to a lawyer .
Every adult ought to have a Medical Power of Attorney. Though it is difficult to think about, there will likely come a time when you are no longer able to make important decisions on your own. Common situations in which power of attorney may be helpful include:
Regardless of whether your South Carolina Medical Power of Attorney has been made as a result of an urgent issue or as part of a forward-looking plan, notarization and witnesses often help to protect your document if its authority is questioned by a third party.
In researching the topics of estate planning or elder care, you or a loved one might hear the terms "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" used together. At the end of the day, they are the same. That said, it's possible to establish power of attorney over affairs that are not related to medical care. In that case, "proxy" typically is not the preferred term.
South Carolina Medical PoA forms are generally easy to make, but you or your agent could need legal advice. Having someone review the document may take longer than you'd expect if you do it alone. An alternate approach to consider is to get help via the Rocket Lawyer attorney network. Rocket Lawyer members can request guidance from an Rocket Lawyer network attorney with relevant experience or send other questions. As always, you can Live Confidently® with Rocket Lawyer by your side.
The cost of finding and working with a conventional lawyer to generate a Medical Power of Attorney might range anywhere from two hundred to five hundred dollars. Rocket Lawyer can offer much more protection than other Power of Attorney template providers that you might encounter elsewhere. As a Rocket Lawyer member, you can get up to a 40% discount when hiring an attorney.
Attached to your Power of Attorney, there's a checklist of suggested steps you should take to finalize your document. As a Rocket Lawyer member, you can edit it, print it out, or sign it. Finally, your agent(s) and care providers should get a copy of your fully executed document.
The specifications and restrictions for PoA forms are different in each state; however, in South Carolina, your Power of Attorney will require the signatures of two witnesses and a notary public. Witnesses to your PoA 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. Finally, as a general principle, your witness(es) should not be under 18 years old, and none should simultaneously be your Power of Attorney agent.
See South Carolina Medical/Healthcare Power of Attorney law: Title 62, Article 5, Part 5
