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Five Wishes meets the legal requirements for an advance directive in South Carolina. Just like in 41 other states, you can use Five Wishes in South Carolina to express how you want to be treated if you are seriously ill and unable to speak for yourself, using a document that is easy to understand. All you need to do is check a box, circle a direction, or write a few sentences. Once it is signed, witnessed, and your signature and those of your witnesses are notarized, your Five Wishes is a legal document. Additionally, the state of South Carolina has the following instructions regarding a Health Care Power of Attorney and Living Will that only applies to residents of certain institutions:
Health Care Power of Attorney: If in a nursing care facility, must be "witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses."
S.C. Code §44-77-40(3)
Living Will: If in a hospital, or nursing care facility, must be "witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses as provided in this section."
S.C. Code §44-77-40(3)
--Excerpted from National Advance Directives: One Attempt to Scale the Barriers, by Charles P. Sabatino, Esq., National Academy of Elder Law Attorneys Journal, Volume 1, 2005
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