Advance Directive in South Carolina — Free PDF & Word (2026 Updated)
Medical care instructions if you become incapacitated
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ADVANCE DIRECTIVE FOR HEALTHCARE State of South Carolina PART I — APPOINTMENT OF HEALTHCARE AGENT I, [YOUR NAME], of [ADDRESS], South Carolina SC, appoint the following person as my Healthcare Agent: Agent Name: [AGENT NAME] Address: [AGENT ADDRESS] Phone: [PHONE] Alternate Agent: [ALTERNATE NAME] Address: [ALTERNATE ADDRESS] Phone: [PHONE] My Healthcare Agent is authorized to make all healthcare decisions for me when I am unable to do so, including decisions about life-sustaining treatment. PART II — INSTRUCTIONS FOR HEALTHCARE If I am terminally ill or permanently unconscious: [ ] I DO want life-sustaining treatment [ ] I DO NOT want life-sustaining treatment [ ] I want treatment only if my doctor believes it will improve my condition Artificial Nutrition and Hydration: [ ] I DO want artificial nutrition and hydration [ ] I DO NOT want artificial nutrition and hydration Pain Management: I want all measures taken to keep me comfortable and free from pain, even if such measures hasten my death. Organ Donation: [ ] I wish to donate my organs and tissues [ ] I do not wish to donate my organs PART III — GENERAL PROVISIONS This directive is made in accordance with South Carolina law (SC Statutes). It shall remain in effect until revoked. DECLARANT SIGNATURE: _____________________ DATE: _____ WITNESS 1: _____________________ DATE: _____ WITNESS 2: _____________________ DATE: _____ NOTARY (if required in South Carolina): Subscribed and sworn before me this ___ day of _______, 20__. Notary Public: _____________________
FAQ: Advance Directive in South Carolina
Is a Advance Directive required in South Carolina?
Yes, in South Carolina, a Advance Directive is required for most transactions of this type. Under South Carolina State Code, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Advance Directive may result in legal complications.
Does a Advance Directive need to be notarized in South Carolina?
Notarization requirements in South Carolina (SC) vary by transaction type. Notary fees in the state typically range from $5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Advance Directive in South Carolina?
South Carolina has a base sales tax rate of 6%. Depending on the type of transaction documented in your Advance Directive, additional local taxes may apply. Consult with a South Carolina tax professional for specific guidance on your situation.
Is an advance directive the same as a living will?
An advance directive is a broader document that typically includes both a living will (treatment preferences) and a healthcare power of attorney (appointing a decision-maker). Some states combine these into one form.
When does an advance directive take effect?
An advance directive takes effect only when you are unable to communicate your own healthcare decisions, typically due to unconsciousness, severe illness, or cognitive impairment. Your doctor must determine you lack decision-making capacity.
Do hospitals have to follow my advance directive?
Yes, healthcare providers are legally required to follow valid advance directives in all states. However, a provider may refuse on moral grounds but must transfer your care to another provider who will honor your wishes.
South Carolina Advance Directive Requirements
Review the following requirements to ensure your Advance Directive is legally valid in South Carolina.
South Carolina Notarization
South Carolina requires 2 witnesses and notarization may be mandatory. Fees typically range from $5.
Before You Sign
Review all information carefully. In South Carolina, a 6% sales tax may apply.
Legal Protection
Keep copies of all signed documents. South Carolina law requires all parties to receive copies of executed documents.
South Carolina Filing Deadlines
Check South Carolina deadlines for filing or recording this document with the appropriate county clerk's office.
Advance Directive Costs in South Carolina
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | South Carolina standard rate: $5 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in South Carolina |
| Sales Tax | 6% | South Carolina base rate (local taxes may apply) |
| Witness Requirement | 2 witnesses | South Carolina requires multiple witnesses |
| Our Template | FREE | Download instantly, no cost |
South Carolina Advance Directive Legal Guide
For residents of South Carolina, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.
Pursuant to South Carolina State Code in South Carolina, this Advance Directive must meet specific criteria. The applicable sales tax is 6%. Notarization, which costs $5 in SC, may be required depending on the transaction type. 2 witnesses are needed.
This professionally drafted form provides peace of mind knowing you're compliant with all South Carolina legal requirements.
What South Carolina Attorneys Want You to Know
Practicing lawyers in South Carolina emphasize three things: accuracy, completeness, and compliance with SC statutes. A well-prepared Advance Directive saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a South Carolina-licensed attorney is worth the investment.
Enforceability in South Carolina
A Advance Directive that meets all SC requirements is fully enforceable in South Carolina. Courts in South Carolina have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Your South Carolina Filing Guide
After downloading, take your time filling in each section. SC statutes require that all information be accurate and current. Once signed by all parties, determine whether South Carolina requires you to file the document with a government office, record it with the county, or simply retain it for your records.
What South Carolina Law Requires
South Carolina's statutes are clear: a valid Advance Directive must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under SC law can render the document unenforceable.
A Advance Directive that meets all SC requirements is fully enforceable in South Carolina. Courts in South Carolina have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Your South Carolina Filing Guide
After downloading, take your time filling in each section. SC statutes require that all information be accurate and current. Once signed by all parties, determine whether South Carolina requires you to file the document with a government office, record it with the county, or simply retain it for your records.
What South Carolina Law Requires
South Carolina's statutes are clear: a valid Advance Directive must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under SC law can render the document unenforceable.
South Carolina's statutes are clear: a valid Advance Directive must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under SC law can render the document unenforceable.
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Advance Directive template for South Carolina has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Where to File Your Advance Directive in South Carolina
Visit your local County Clerk office to file or notarize your Advance Directive.
South Carolina County Clerk
South Carolina Capital
Main Government Building, South Carolina
District County Clerk
South Carolina Metro Area
County Courthouse, SC
Other Forms in South Carolina
Advance Directive in Neighboring States
Document Information
- Document
- Advance Directive
- State
- South Carolina (SC)
- Category
- Estate Planning
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6%
- Notary Fee
- $5
South Carolina Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in South Carolina may change. Consult a licensed attorney for advice specific to your situation.