Why Every South Carolinian Should Consider a Living Will

When it comes to planning for the unexpected, understanding the ins and outs of a living will is crucial. If you’re living in South Carolina, you might be curious about what a living will is and why it matters. Let’s go over the basics of a living will and why every South Carolinian should consider having one.

What is a Living Will?

A living will, also known as an advance directive, is a legal document that outlines your wishes regarding medical treatment if you become unable to communicate those decisions yourself. It covers scenarios where you’re incapacitated due to severe illness or accident. A living will only goes into effect if you are incapacitated and cannot communicate your wishes.

Why it Matters in South Carolina

In South Carolina, there are two main types of advance directives: a healthcare power of attorney and a living will. While both serve similar purposes, a living will is specifically focused on your medical treatment and end-of-life care, while a healthcare power of attorney gives someone else the authority to make healthcare decisions on your behalf.

Why Do You Need a Living Will?

Having a living will can give you peace of mind knowing that your wishes for medical treatment will be followed, even if you are unable to express them yourself. It also relieves loved ones of the burden of having to make difficult decisions during an already stressful time.

How Does a Living Will Differ from a Last Will and Testament?

It’s essential to distinguish between a living will and a last will and testament. While a living will deals with medical decisions during your lifetime, a last will and testament outlines how your assets should be distributed after you pass away. Both are critical components of a comprehensive estate plan but serve different purposes.

What Should Be Included in a Living Will?

In South Carolina, a living will typically includes:

Instructions about life-sustaining treatments, such as mechanical ventilation and feeding tubes
Preferences regarding pain management and palliative care
Organ and tissue donation wishes
Specific medical interventions you want or don’t want

Can You Change Your Living Will?

Yes, you can update or modify your living will at any time as long as you are mentally competent. Life circumstances and preferences can change, so it’s wise to review your living will periodically and make adjustments as needed.

Who Should You Discuss Your Living Will With?

It’s important to discuss your living will with several key people:

Your Family: They need to understand your wishes to support you effectively.
Your Healthcare Provider: They can offer insights and ensure your wishes are medically sound.
Your Estate Planning Attorney: They can help you draft a living will that complies with South Carolina law.

How Do You Create a Living Will in South Carolina?

Creating a living will in South Carolina involves a few steps:

Draft the Document: You can use templates or consult an estate planning attorney to ensure it’s legally binding.
Sign in Front of Witnesses: South Carolina requires that you sign your living will in the presence of two witnesses who aren’t involved in your care or entitled to any part of your estate.
Notarize (Optional): While not required, notarizing your living will can add an extra layer of validity.
Distribute Copies: Give copies to your healthcare provider, close family members, and keep one for yourself.

What Happens If You Don’t Have a Living Will?

Without a living will, medical decisions may fall to your family members or a court-appointed guardian. This can lead to disagreements and emotional strain during an already challenging time. Having a living will in place prevents such issues by making your wishes clear and legally binding.

Are There Specific Requirements for South Carolina?

Yes, South Carolina has specific requirements for a living will to be valid:

You must be at least 18 years old and of sound mind.
The document must be signed by you and witnessed by two qualified individuals.
It must clearly articulate your medical treatment preferences.

Can a Living Will Be Contested?

While a living will is designed to be a clear expression of your wishes, it can be contested under certain conditions—for example, if there is evidence of coercion or if the document doesn’t meet legal requirements. Consulting an estate planning attorney can help minimize the risk of disputes.

Ready to Create Your Living Will?

Having a living will is an essential step in ensuring your healthcare preferences are followed. At Forever Estate Plan, we are committed to helping South Carolina residents create living wills that reflect their wishes and offer peace of mind. Don’t wait—contact us today to get started on your living will and secure your future.

Forever Estate Plan – Your peace of mind is our top priority