Advance Directives

The Living Will and Health Care Power of Attorney

You have the right to make decisions about your health care, even if you are unable to communicate them. At Sisters of Charity Providence Hospitals, we want to make sure you are aware of your rights and that you receive information that helps you make your health care decisions.We will assist you in any way possible.

Should you become unable to communicate your wishes, how would you tell your health care team what to do? Would your family know what your wishes are?

Advance directives can provide you, your family and your health care providers with information about your wishes in the event you are unable to communicate them yourself. There are two different kinds of advance directives: the living will and the health care power of attorney.

The Living Will

The living will tells your health care team exactly what your wishes are in the event you have a terminal illness or have been unconscious for 90 consecutive days.
The living will gives direction about medical procedures, life support, food, nutrition and hydration once your doctor documents your terminal illness in your medical chart.
The living will goes into effect six hours after your doctor documents the diagnosis of a terminal illness in your medical record.
You may use the standard South Carolina form to complete your living will or you may have an attorney assist you in writing the document. The living will must be signed by two witnesses, one of whom must be a notary. If you are in a hospital or nursing facility, state law requires that an ombudsman from the governor’s office serves as a witness.
You must be 18 years old to sign a living will.

Health Care Power of Attorney

A health care power of attorney is a document that gives you the right to appoint another person (your “agent”) to make health care decisions for you when you are unable to communicate them yourself.
A health care power of attorney allows you to state what you want and do not want in specific situations concerning your health care.
You may use the standard South Carolina form to complete your health care power of attorney or you
may have an attorney assist you in writing the document. You must have two people witness your
signature. These witnesses may not be your primary agent, your two back-up agents or anyone
related to you.
A health care power of attorney does not have to be notarized, but it is a good idea to do so.

Important Considerations When Writing Your Living Will or Health Care Power of Attorney

Here are a few things to keep in mind when writing your living will or health care power of attorney.

If you have questions or concerns, talk to your attorney, spiritual leader or the hospital’s patient
advocate or pastoral care staff.
When you write a living will or health care power of attorney, talk to your family. Make sure they
know your wishes. Be sure your agent is willing to carry out the wishes you have listed.
When you have completed either a living will or health care power of attorney, be sure to give a
copy to your doctor and your family. Be sure to also keep a copy in a safe place where your family can
easily find it. In addition, you may want to give a copy to your attorney or your spiritual advisor.
If you are pregnant, life support will not be withheld.

Other Resources

Remember, if you do not have a living will or health care power of attorney, you still make all the decisions about your health care. Should you become unable to communicate your wishes, the South Carolina State law regarding health care consent will be used. In most cases, this means the hospital will contact your most immediate family member.

You may get the “Declaration of a Desire for a Natural Death” (the form for the living will used in SC), by calling one of the following:

Senior Resources
(803) 252-7734

Bureau of Senior Services
(800) 868-9095 or (803) 898-2850