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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
The South Carolina legislature adopted a Health Care Power of Attorney form that addresses the following subjects:
- Appointment of a health care agent and an alternate agent in case a primary agent is unable to perform;
- Organ Donation desires;
- Statement of desires and special provisions with respect to life sustaining treatment;
According to South Carolina law no person may be required to sign a health care power of attorney as a condition for coverage under an insurance contract or for receiving medical treatment or as a condition of admission to a health care or nursing care facility.
The South Carolina Power of Attorney for Health Care is an important legal document. Before signing this document, you should know these important facts:
- This document gives the person you name as your agent the power to make health care decisions for you if you cannot make the decisions 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.
- 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.
- 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 legal document, no treatment may be given to you or stopped over your objection if you are mentally competent to make that decision.
- 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.
- 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.
- 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.
- 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 spouse of the doctor, provider, or employee, unless the person is a relative of yours.
- 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.
THIS SOUTH CAROLINA POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
- Your spouse; your children, grandchildren, and other linear descendants; your parents, grandparents and other linear ancestors; your siblings and their linear descendants or a spouse of any of these persons.
- A person who is directly financially responsible for your medical care.
- A person who is named in your will, or, if you have no will, who would inherit your property by intestate succession.
- A beneficiary of a life insurance policy on your life.
- The persons named in the health Care Power of Attorney as your agent or successor agent.
- Your physician or an employee of your physician.
- Any person who would have a claim against any portion of your estate (persons to whom you owe money).
If you are patient in a health facility, no more than one witness may be an employee of that facility.
Do not sign this South Carolina Health Care Power of Attorney unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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