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South Carolina has legislature-approved forms for a Health Care Power of Attorney and a living will. This page explains how they differ, links official downloads, and notes where a HIPAA authorization fits—without replacing form instructions or attorney advice.

Sources checked: August 3, 2026 · South Carolina only · Informational

What advance directives are

Advance directives are written instructions about future medical care if you cannot speak for yourself. The South Carolina Department on Aging — Legal Assistance page notes that South Carolina’s legislature has approved forms for both a Health Care Power of Attorney and a living will called a Declaration of a Desire for a Natural Death, and hosts PDF downloads.

The Health Care Power of Attorney statutory form is described in S.C. Code § 62-5-504 (Health care power of attorney form). This page points to those materials; it does not give medical advice or interpret your personal situation.

How the documents differ

DocumentWho decidesWhen it typically appliesTypical role
Health Care Power of AttorneyA person you name as your agentWhen you cannot make a health care decision for yourself (broader medical decisions, including life-sustaining treatment unless you limit the agent)Names someone to speak for you and make treatment choices in context
Declaration of a Desire for a Natural Death (living will)Your written directions (not an agent appointment)When physicians certify a terminal condition or permanent unconsciousness under the declaration’s termsStates wishes about life-sustaining procedures and comfort care in those situations
HIPAA / medical information authorizationYou (during life) choose who may receive your protected health informationWhenever providers need permission to share records with designated peoplePrivacy authorization—not a treatment-decision document by itself

The statutory Health Care Power of Attorney form also explains how a living will and an agent’s authority can interact. Read the current forms for the exact wording.

Official forms

South Carolina Health Care Power of Attorney (statutory form)

Version: confirm on the current Department on Aging PDF

Open official PDF

Statutory form under S.C. Code § 62-5-504, hosted by the South Carolina Department on Aging. Confirm the current file on aging.sc.gov before signing.

Declaration of a Desire for a Natural Death (living will)

Version: confirm on the current Department on Aging PDF

Open official PDF

South Carolina’s legislature-approved living will form, hosted by the Department on Aging. Confirm the current file on aging.sc.gov before signing.

HIPAA / medical information authorization

South Carolina does not publish a single statewide “HIPAA form” the way it publishes the Health Care Power of Attorney and living will. Hospitals often provide their own privacy packets. Wills From Home offers an attorney-reviewed Basic HIPAA Waiver as an optional document on the Documents Page.

Prefer the live links on aging.sc.gov if a PDF URL changes.

Limitations

  • This page is not medical advice and does not create an attorney-client relationship.
  • Execution and witness rules matter. Follow the instructions on the current official form—or use attorney-reviewed documents with execution guidance.
  • Hospitals and providers may ask you to complete their own forms in addition to yours.
  • Forms and statutes can change. Verify downloads on aging.sc.gov before signing.

Quick Q&A

What are advance directives in South Carolina?

Advance directives are written instructions about future medical care if you cannot speak for yourself. In South Carolina, the legislature has approved forms for a Health Care Power of Attorney and a living will called a Declaration of a Desire for a Natural Death. The South Carolina Department on Aging publishes these forms. This page is informational only and is not medical or legal advice.

How is a Health Care Power of Attorney different from a living will?

A Health Care Power of Attorney names an agent to make health care decisions when you cannot, and can cover a wider range of situations. A Declaration of a Desire for a Natural Death (living will) records your directions about life-sustaining procedures if you have a terminal condition or permanent unconsciousness under the form’s terms. The statutory Health Care Power of Attorney form also explains how a living will and an agent’s authority can interact. Read the current forms carefully.

Is a HIPAA authorization the same as a Health Care Power of Attorney?

No. A HIPAA or medical-information authorization lets providers share your health information with people you name. It does not, by itself, appoint someone to make treatment decisions. Hospitals often request their own privacy forms. South Carolina does not publish a single statewide “HIPAA form” the way it publishes the Health Care Power of Attorney and living will. Wills From Home offers an attorney-reviewed Basic HIPAA Waiver as an optional document on the Documents Page.

Do these documents need witnesses?

Yes. The statutory Health Care Power of Attorney states it is not valid unless two persons sign as witnesses, and it lists who may not act as a witness. The living will form also has witness requirements and restrictions. Always follow the instructions on the current official form—or use attorney-reviewed documents with execution guidance.

What are important limitations of this page?

This page is not medical advice and does not create an attorney-client relationship. Hospitals may provide their own packets. Forms and statutes can change—verify on aging.sc.gov and the South Carolina Code before relying on a download. Choosing agents and end-of-life preferences is personal; consider a consultation if your situation is complex.

How this relates to our packages

While the Department on Aging offers free forms, some people prefer attorney-reviewed documents as they get more peace of mind knowing that a professional has looked at their wishes. Whether a DIY form or a reviewed package fits your situation depends on your needs. If you decide to go the DIY route, you can always book a consultation on our Documents Page to ask any questions about your wishes or the documents.

Important disclaimers

Wills From Home is a service of Lowcountry Legal Solutions, LLC. These public-document pages are informational only. They summarize publicly available South Carolina agency materials and are not a substitute for individualized legal, tax, or financial advice.

South Carolina only. Browsing this site or reading these resources does not create an attorney-client relationship. Limited-scope representation applies only if you order documents or book a consultation under our engagement terms.

Always verify forms, fees, and instructions on the official agency site before you file. Agency materials can change without notice on this page.

If you are unsure whether Wills From Home meets your needs, schedule a video consultation from our Documents Page.