When planning for the future, understanding the difference between a living will and an advance directive is essential. In South Carolina, a living will is actually a type of advance directive, focused on outlining your medical and end-of-life preferences if you cannot speak for yourself. These documents ensure your healthcare wishes are followed and give your loved ones clarity during difficult moments.
South Carolina law recognizes both living wills and other forms of advance directives as important tools for documenting medical preferences ahead of time. At Harvey & Battey, P.A., our estate planning attorneys help individuals and families prepare these documents accurately and thoughtfully so they can ensure their wishes are honored and properly plan for end-of-life decisions.
What is the Difference Between a Living Will and an Advance Directive?
A living will is a legal document that outlines your preferences for medical treatment (particularly end-of-life care) if you become unable to communicate or seriously ill. It typically addresses decisions such as the provision of artificial nutrition and hydration when facing a terminal condition or permanent unconsciousness. Living wills are different from a will that communicates how to distribute your assets, as a living will only states your instructions for end-of-life care. Living wills not only ensure that you preserve your physical autonomy regarding treatment, they also prevent potential confusion among those responsible for your care.
An advance directive is a broader category of healthcare planning documents. It includes:
- Living wills
- Healthcare powers of attorney
In other words, a living will is simply one type of advance directive, while a healthcare power of attorney expands your planning to allow someone you trust to make medical decisions on your behalf.
Together, these documents work hand-in-hand in South Carolina estate planning to protect your autonomy and offer peace of mind to both your family and your healthcare providers. Clearly documented wishes reduce confusion and ensure your loved ones do not have to make stressful decisions without guidance.
What Are the Different Types of Advance Directives?
In South Carolina, advance directives generally fall into two main categories: the living will and the healthcare power of attorney.
Living Will
Reiterating from above, a living will specifies your wishes regarding medical treatment if you are diagnosed with a terminal condition or are in a state of permanent unconsciousness. It only goes into effect when specific conditions are certified by two physicians, ensuring the document is used only when absolutely appropriate.
Healthcare Power of Attorney
A healthcare power of attorney (POA) designates a trusted individual—your agent—to make medical decisions if you become incapacitated. Unlike a living will, which applies only under certain medical conditions, a healthcare POA covers a broader range of scenarios and allows your agent to respond to unforeseen circumstances.
Because it relies on a trusted decision-maker rather than predefined medical instructions, it offers flexibility while still protecting your wishes.
Who Should Make End of Life Decisions?
Every adult, regardless of age or current health, should consider documenting their end-of-life preferences. Doing so ensures that your values and priorities guide medical decisions if you cannot communicate them yourself.
Choosing someone trustworthy and familiar with your beliefs is critical, especially when appointing an agent through a healthcare power of attorney. Without a valid advance directive, decision-making may fall to family members who may disagree, or in some cases, the courts. This can lead to confusion, delays, or conflict during an already emotional time.
At Harvey & Battey, our estate planning attorneys help clients walk through these decisions carefully and create legally sound documents tailored to their needs.
Can a Family Member Override a Patient’s Wishes Written in Their Advance Directive?
Advance directives that are properly created and executed in South Carolina are legally binding. This means that a family member cannot override a valid advance directive, even if they disagree with the decisions outlined or made by the agent.
However, disputes can arise if:
- Documents are unclear
- Multiple versions exist
- Questions arise about the patient’s capacity at the time of signing
These situations underscore the importance of working with an experienced attorney. Clear drafting and proper legal guidance help ensure your documents comply with South Carolina law and minimize the risk of conflict or misinterpretation.
Contact Our Estate Planning Attorneys for Your Advance Directives and Wills in South Carolina
Harvey & Battey, P.A. has decades of experience helping individuals and families across Beaufort and the Lowcountry protect their wishes and plan for the future with confidence. Attorney Eugene Parrs has more than 45 years of experience working with clients to create advanced directives, and Attorney Ashley Amundson has years of experience in not only creating advanced directives, but also ensuring they are upheld through her experience as a probate judge. Whether you are creating a living will, an advance directive, a healthcare power of attorney, or a full estate plan, our attorneys offer knowledgeable and compassionate guidance every step of the way.
Need guidance with your advance directives from an experienced attorney? Contact us to schedule your initial consultation with our trusted estate planning team today.