Yes, a South Carolina health care power of attorney requires two witnesses who are not related to the principal to witness your signature. If you do not sign in front of your witnesses, you must acknowledge that your signature is valid in your presence. You can, but are not obliged to do so, have the document notarized. You must also have your POA notarized to be valid under South Carolina law.
The South Carolina Medical Power of Attorney is an official statement by a patient granting authority over their health care to a designated person. The patient can give full authority to the agent or limit his powers by adding his own particular preferences in the document. It allows healthcare decisions to be made when they are no longer able to make these decisions on their own through diseases such as coma or brain damage. The document is in accordance with US statutes §§62-5-501 to -505 and must have two witnesses and a notary.
You must have two witnesses sign the document. The form tells you who cannot be a witness. They are the same people who cannot witness a living will. There is no need for a notary to sign your power of attorney for medical care.
It's hard for any of us to imagine a time when a loved one or family member can't make medical decisions on their own or is otherwise incapacitated. But if the unthinkable happens, someone may have to step in and make health care decisions for them. South Carolina law provides a legal framework, called a “durable power of attorney,” that allows those decisions to be made on behalf of a person. These Are the Basics of Durable Power of Attorney Laws in South Carolina.
For example, South Carolina's current living will form covers artificial nutrition and hydration, while older forms don't. If you don't have a living will or power of attorney for health care that says what you want done, you don't know what decisions will be made or who will make them. You should tell your doctor and anyone else who has a copy that you have changed your mind and that you want to revoke your living will or power of attorney for health care. For more information on other types of POAs, including non-durable (limited) and emergent POAs, see What is a power of attorney?.
It is possible to create a condition that must be satisfied before the POA goes into effect, such as having a doctor declare that you are incapacitated, but there are many reasons why this type of emergent power of attorney is not usually recommended. If you are helping someone do a POA and are not sure if they have the necessary mental capacity, consult an estate planning lawyer. Staff shall make available to patients and interested clients copies of approved state forms for advance directives, as well as the Attachment to the Power of Attorney for Health Care entitled Statement of Wishes for Treatment and Mental Health Care (Appendix). Use the spaces provided in this area to record the full name and residential address of the person who will act as the health care representative of the director listed above.
Whichever method you choose, the process for doing the POA will include granting your agent full powers or selecting, from a list, the specific powers you want your agent to have. You should also give a copy of the power of attorney to your agent so that they are familiar with the contents of the document. A health care power of attorney is a specific type of durable power of attorney that appoints an agent only to make health care decisions. Doctor, nursing care provider or other health care provider; sign any document relating to refusal of treatment or leaving a facility against medical advice, and take any legal action on my behalf and at the expense of my estate to enforce my wishes as determined by my agent, or to seek actual or punitive compensation for the breach.
Staff shall not accept appointment as agent in a health care power of attorney or in a declaration of natural death wish. Second alternate agent, an entity may be appointed to act as a health care agent if the principal becomes incapacitated, and both the health care agent and the first alternate agent cannot or cannot use the principal power of attorney. A power of attorney for health care should also be discussed with people you plan to appoint as your agent and alternate agents to make sure they are willing to serve. .