Clear Money Guide
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A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: South Carolina calls this instrument Declaration of a Desire for a Natural Death (living will, under the Death with Dignity Act), Health Care Power of Attorney. To execute it you need 2 witnesses — and the state’s rule differs by document: the living will needs two witnesses plus an officer authorized to administer oaths (a notary), and one witness may be that officer; the health care power of attorney needs two witnesses and no notary. Getting that conjunction wrong is the most common way a directive fails when it is needed. The witness step is not the only requirement: §44-77-40 also requires the declaration to be dated, and requires a sworn affidavit from the witnesses. An undated declaration does not meet the statute.
The execution box
| What the state calls it | Declaration of a Desire for a Natural Death (living will, under the Death with Dignity Act), Health Care Power of Attorney |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | Living will: two witnesses plus an officer authorized to administer oaths (a notary), who may also be one of the witnesses. Health care power of attorney: two witnesses, no notary |
| Also required | Under §44-77-40(2) the declaration must also be dated, and under §44-77-40(4) the accompanying affidavit must be subscribed by both witnesses and sworn to by at least one of them in the presence of the declarant, of each other, and of the officer authorised to administer oaths. |
| Who may NOT witness | For the living will, each witness states in an affidavit that, to the extent the witness has knowledge of the witness’s status, the witness is not related to the declarant by blood, marriage, or adoption (as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them), not directly financially responsible for the person’s medical care, not entitled to a portion of the declarant’s estate under a will or as an heir by intestate succession, and not a beneficiary of a life insurance policy of the declarant, and states that no more than one witness is an employee of a health facility in which the declarant is a patient and that no witness is the attending physician, an employee of the attending physician, or a person who has a claim against the declarant’s estate. The health care power of attorney list is similar and also excludes the person appointed as health care agent or successor agent. |
| If you are in a care facility | For the living will, if the declarant is a patient in a hospital or a resident in a nursing care facility, an ombudsman must serve as one of the two witnesses (SC Code §44-77-40(3)). The health care power of attorney has no ombudsman rule; its witnesses state that no more than one of them is an employee of a health care facility in which the principal is a patient (SC Code §62-5-503(a)(3)). |
| Authority | S.C. Code §44-77-40 (Death with Dignity Act, execution of declaration) |
What the statute says
(2) which has been dated and signed by the declarant in the presence of an officer authorized to administer oaths under the laws of the state where the signing occurs and in the presence of two witnesses, one of whom may be the officer authorized to administer oaths, who state in an affidavit as set forth in Section 44-77-50 that, to the extent they have knowledge of their status, they are not related to the declarant by blood, marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them, not directly financially responsible for the person’s medical care, not entitled to a portion of the estate of the declarant upon his decease under a will of the declarant then existing or as an heir by intestate succession, and not a beneficiary of a life insurance policy of the declarant, and who state that no more than one witness is an employee of a health facility in which the declarant is a patient and that no witness to the declaration is the attending physician or an employee of the attending physician or a person who has a claim against a portion of the estate of the declarant upon his decease at the time of the execution of the declaration; … (4) which accompanying affidavit has been subscribed by the two witnesses and sworn to by at least one of the two witnesses in the presence of the declarant, and of each other, and of an officer authorized to administer oaths under the laws of the state where the signing occurs.
— S.C. Code §44-77-40 (Death with Dignity Act, execution of declaration)
The form
The South Carolina Code prints a statutory form for each: the Declaration of a Desire for a Natural Death (S.C. Code §44-77-50) and the Health Care Power of Attorney (S.C. Code §62-5-504), free to read on scstatehouse.gov.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Both rules were verified on scstatehouse.gov. The living will (Title 44, Chapter 77) requires an oath officer and two witnesses. The health care power of attorney (S.C. Code §62-5-503) requires two witnesses and no notary.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.