Estate Planning
Living Wills in South Carolina
A living will, used to communicate your medical wishes in case of incapacitation, is one type of advance directive services offered at Harvey and Battey.
WHAT IS A LIVING WILL?
An advance directive is a written statement that communicates your wishes about medical treatment. A living will, which is often included in an advance directive, is a legal document that states your wishes about medical care should you become unable to communicate or are seriously ill. Living wills differ 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.
WHY WE RECOMMEND CREATING A LIVING WILL
There are many situations surrounding end-of-life care that should be addressed in your living will, and having your preferences clearly communicated in a legal document can not only lessen your stress should anything happen to you, but will also aid your loved ones in making difficult decisions should they need to.
Even if you are not an older adult, we recommend creating a living will as unforeseen circumstances can occur. Your living will can clarify your wishes regarding a number of medical decisions, such as pain management or organ donation. This also gives you the ability to determine what circumstances you would want treatment to extend your life.
WHAT DO I INCLUDE IN A LIVING WILL IN SOUTH CAROLINA?
Living wills in South Carolina require you to communicate instructions on many possible situations. These situations include:
- Organ and tissue donation
- Feeding and hydration
- Emergency surgery
- Medicines and injections you’re willing to continue during end-of-life care
- Preferences for life support and resuscitation
- Care in case of a coma
OUR ESTATE PLANNING AND PROBATE SERVICES TEAM
Harvey & Battey’s estate planning and probate team has a wealth of knowledge and experience with living wills in South Carolina. Attorney Eugene Parrs has more than 50 years of experience working with clients to create living wills, and Attorney Ashley Amundson has years of experience in not only creating living wills, but also ensuring they are upheld through her experience as a probate judge. Schedule a consultation with either of our estate planning and probate attorneys to discuss your living will needs.
COMMON QUESTIONS RELATED TO LIVING WILLS IN SC
Q: WHAT IS REQUIRED TO CREATE A LIVING WILL IN SOUTH CAROLINA?
A: A person must be at least 18 years of age and of sound mind to create a living will in South Carolina. A living will must be signed in the presence of two witnesses, and, if the situation warrants it, two physicians must verify the person’s terminal illness to render the instructions communicated in the living will valid.
Q: WHY SHOULD I USE AN ATTORNEY TO CREATE A LIVING WILL?
A: Although not legally required, using an attorney to help write your living will ensures that it is properly executed and valid. Our experienced estate planning and probate attorneys can also provide needed support and clarity during what may be a challenging time as you make decisions regarding possible end-of-life care.
Q: DO SOUTH CAROLINA WILLS HAVE TO BE NOTARIZED?
A: No, it is not required to have your will notarized in South Carolina. However, having your living will notarized can make the probate process smoother as it makes the will “self-proving.” This means the probate court doesn’t have to summon the witnesses to ensure your living will is legally binding.
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Schedule a Consultation
For more information or to discuss your estate planning needs with a lawyer at Harvey & Battey, call (843) 524-3109 or click the button below to contact us online.