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5690.ARM
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/* South Carolina living will 4090.arm*/
DECLARATION AS PROVIDED BY CODE OF SOUTH CAROLINA
LAWS [1976] SECTION 44-77-50
STATE OF SOUTH CAROLINA
COUNTY OF @003
DECLARATION OF A DESIRE FOR A NATURAL DEATH
I, @001, being at least eighteen years of age, and a
resident of and domiciled in the City of @002, County of @003,
State of South Carolina, make this Declaration this __________
day of _______________, 19________.
I willfully and voluntarily make known my desire that
no life-sustaining procedures be used to prolong my dying if my
condition is terminal, and I declare:
If at any time I have a condition certified to be a terminal
condition by two physicians who have personally examined me, one
of whom is my attending physician, and the physicians have
determined that my death will occur within a relatively short
period of time without the use of life-sustaining procedures and
where the application of life-sustaining procedures would serve
only to prolong the dying process, I direct that the procedures
be withheld or withdrawn, and that I be permitted to die
naturally with only the administration of medication or the
performance of any medical procedure necessary to provide me
with comfort care.
In the absence of my ability to give directions regarding the
use of life-sustaining procedures, it is my intention that this
Declaration be honored by my family and physicians and any health
facility in which I may be a patient as the final expression of
my legal right to refuse medical or surgical treatment, and I
accept the consequences from the refusal.
I am aware that this Declaration authorizes a physician to
withhold or withdraw life-sustaining procedures. I am
emotionally and mentally competent to make this Declaration.
THIS DECLARATION MAY BE REVOKED;
(1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE
DESTROYED, IN EXPRESSION OF THE DECLARANT'S INTENT TO REVOKE,
BY THE DECLARANT OR BY SOME PERSON IN THE PRESENCE OF AND BY THE
DIRECTION OF THE DECLARANT. REVOCATION BY DESTRUCTION OF ONE OR
MORE DECLARATIONS REVOKES ALL OF THE ORIGINAL DECLARATIONS. THE
REVOCATION OF THE ORIGINAL DECLARATION ACTUALLY NOT DESTROYED
BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING
PHYSICIAN. THE ATTENDING PHYSICIAN SHALL RECORD IN THE
DECLARANT'S MEDICAL RECORDS THE TIME AND DATE WHEN THE PHYSICIAN
RECEIVED NOTIFICATION OF THE REVOCATION;
(2) BY A WRITTEN REVOCATION SIGNED AND DATED BY THE
DECLARANT EXPRESSING HIS INTENT TO REVOKE, THE REVOCATION
BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING
PHYSICIAN. THE ATTENDING PHYSICIAN SHALL RECORD IN THE
DECLARANT'S MEDICAL RECORD THE TIME AND DATE WHEN THE PHYSICIAN
RECEIVED NOTIFICATION OF THE WRITTEN REVOCATION;
(3) BY AN ORAL DECLARATION BY THE DECLARANT OF HIS
INTENT TO REVOKE THE DECLARATION. THE REVOCATION BECOMES
EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY
THE DECLARANT. HOWEVER, AN ORAL REVOCATION MADE BY THE DECLARANT
BECOMES EFFECTIVE UPON COMMUNICATION TO THE ATTENDING PHYSICIAN
BY A PERSON OTHER THAN THE DECLARANT IF:
(A) THE PERSON WAS PRESENT WHEN THE ORAL
REVOCATION WAS MADE;
(B) THE REVOCATION WAS COMMUNICATED TO THE
PHYSICIAN WITHIN A REASONABLE TIME;
(C) THE PHYSICAL OR MENTAL CONDITION OF THE
DECLARANT MAKES IT IMPOSSIBLE FOR THE PHYSICIAN
TO CONFIRM THROUGH SUBSEQUENT CONVERSATION WITH
THE DECLARANT THAT THE REVOCATION HAS OCCURRED.
THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S MEDICAL
RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME,
DATE AND PLACE, IF DIFFERENT, OF WHEN HE RECEIVED NOTIFICATION
OF THE REVOCATION, THE ORAL EXPRESSION CLEARLY MUST INDICATE A
DESIRE THAT THE DECLARATION NOT BE GIVEN EFFECT OR THAT LIFE-
SUSTAINING PROCEDURES BE ADMINISTERED;
(4) BY A WRITTEN, SIGNED, AND DATED REVOCATION OR AN
ORAL REVOCATION BY A PERSON DESIGNATED BY THE DECLARANT IN THE
DECLARATION, EXPRESSING THE DESIGNEE'S INTENT PERMANENTLY OR
TEMPORARILY TO REVOKE THE DECLARATION. THE REVOCATION BECOMES
EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY
THE DESIGNEE. THE ATTENDING PHYSICIAN SHALL RECORD IN THE
DECLARANT'S MEDICAL RECORD THE TIME, DATE AND PLACE OF THE
REVOCATION AND THE TIMES, DATE AND PLACE, IF DIFFERENT, OF
WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE REVOCATION. A
DESIGNEE MAY REVOKE ONLY IF THE DECLARANT IS INCOMPETENT TO DO
DO. IF THE DECLARATION WISHES TO DESIGNATE A PERSON WITH
AUTHORITY TO REVOKE THIS DECLARATION ON HIS BEHALF, THE NAME
AND ADDRESS OF THAT PERSON MUST BE ENTERED BELOW:
@005
NAME OF DESIGNEE
ADDRESS: @006
________________________________________________________________
DECLARANT
@001
STATE OF ___________________
COUNTY OF _________________
We, _______________________ and ________________________
the undersigned witnesses to the foregoing Declaration, dated
the ______ day of ___________, 19_____, being first duly sworn,
declare to the undersigned authority, on the basis of our best
information and belief, that the Declaration was on that date
signed by the declarant as and for his DECLARATION OF A DESIRE
FOR A NATURAL DEATH in our presence and we, at his request and
in his presence, and in the presence of each other subscribe
our names as witnesses on that date. The declarant is personally
known to us, and we believe him to be of sound mind. Each of us
affirm that he is qualified as a witness to this Declaration
under the provisions of the South Carolina Death With Dignity
Act in that he is not related to the declarant by blood or
marriage, either as a spouse, lineal ancestor, descendant of the
parents of the declarant, or spouse of any of them; nor directly
financially responsible for the declarant's medical care; nor
entitled to any portion of the declarant's estate upon his
decease, whether under any will or as an heir by intestate
succession; nor the beneficiary of a life insurance policy of the
declarant; nor the declarant's attending physician; nor an
employee of the attending physician; nor person who has a claim
against declarant's decedent's estate as of this time. No more
than one of us is an employee of a health facility in which the
declarant is a patient. If the declarant is a patient in a
hospital or skilled or intermediate care nursing facility at the
date of execution of this Declaration at least one of us is an
ombudsman designated by the State Ombudsman, Office of the
Governor.
________________________________________________________________
Witness
________________________________________________________________
Witness
Subscribed before me by @001, the
declarant, and subscribed to before me by ______________________
and _____________________, the witnesses, this _________________
day of ___________________, 19_______.
________________________________________________________________
Notary Public
Notary Public for _________________
My Commission Expires: