End-of-life decisions – such as whether you want a feeding tube if you’re in a vegetative state or whether you wish to be resuscitated – involve intense emotions and deeply personal beliefs and preferences. The only people who should be involved in these decisions are you, your doctor, and (in some cases) close family members. A living will that meets the requirements of North or South Carolina law is crucial for making sure your doctors and family uphold your wishes and that you don’t receive treatments you don’t want.
What Is a Living Will?
A living will is a type of advance healthcare directive that lets you state your wishes about your medical care if you become seriously ill or injured and can’t speak for yourself. It spells out which treatments you do or don’t want if you have a terminal condition or are permanently unconscious. The document’s purpose is to give your family members and doctors clear guidance so they don’t have to guess what you want in a crisis.
How a Living Will Works in End-of-Life Situations
If someone can’t speak or make healthcare decisions for themselves because they’re incapacitated, their healthcare providers refer to the patient’s living will to understand what treatments they want or would refuse. Living wills become active only when a doctor certifies that someone is unable to communicate and is either terminally ill or permanently unconscious.
For example, imagine Mary has a living will stating she does not want to be kept alive on a ventilator if she’s in a coma with no hope of recovery. When that situation arises, her doctors and family can honor her wishes without having to guess what she wants.
Now picture Tom, who hasn’t created a living will. After a severe stroke, he can’t speak or make healthcare decisions for himself. His family members disagree about what care he would want. Without guidance from a living will, the result is confusion, conflict, and severe emotional stress.
Do Doctors and Families Have to Follow Your Living Will?
Your family is generally expected to honor your living will, though it’s still important to talk to them ahead of time so they know your preferences. However, doctors aren’t always legally required to carry out every request in a living will if they have personal, ethical, or religious objections to specific treatments, or to withholding treatment altogether. That’s why talking with your doctor beforehand is a good idea. Tell them what your living will says, and make sure they’re comfortable with your choices.
Requirements for Living Wills in North and South Carolina
A living will is only valid if it meets the requirements of North Carolina or South Carolina law. Here are the key requirements to know:
North Carolina Living Will Requirements
To create a valid living will in North Carolina, you must:
- Be at least 18 years old and of sound mind.
- Clearly express your desire to refuse life-prolonging measures in certain conditions (terminal illness, permanent unconsciousness, advanced dementia, etc.)
- Sign the living will in the presence of a notary and two witnesses who are not related to you or entitled to inherit from you. The witnesses cannot be your doctor, employees of your doctor, or employees of your care facility.
- Indicate whether your healthcare agent (if you have one) can override the document.
South Carolina Living Will Requirements
To create a valid living will in South Carolina, you must:
- Be at least 18 years old and mentally competent.
- Use the state’s approved form called the “Declaration of a Desire for a Natural Death.”
- Sign the form in the presence of a notary and two witnesses, one of whom can be the notary. If you’re in a hospital or nursing home, a representative from the State Ombudsman’s Office must also witness you sign the form.
- Ensure none of the witnesses are related to you, stand to inherit from your estate, or are your attending physician or employees of your care facility.
Contact Our North and South Carolina Living Will Lawyers
Whether you live in North or South Carolina, the Charlotte and Fort Mill estate planning lawyers at Monk Law Firm, PLLC, can draft a living will that reflects your preference while complying with applicable state laws. Call us today or reach out online for a consultation.