What You Really Need to Know About Living Wills in South Carolina
When You Can’t Speak for Yourself, a Living Will Speaks for You
You’re unconscious, on life support. Your family is in the hallway — arguing about what to do next.
It’s a heartbreaking situation, but one that Charleston estate planning attorney JP Rankin has helped families avoid time and time again. In this video, he explains what a living will is, how it works, and why it’s one of the most critical documents in your entire estate plan.
🎥 Watch the full video here:
LAWYER EXPLAINS: What You REALLY Need to Know About Living Wills
What Is a Living Will?
A living will is not the same as your last will and testament.
Your last will decides who gets your assets after you die.
Your living will tells doctors how to treat you while you’re still alive — but unable to communicate your wishes.
It applies in situations such as:
An irreversible coma
A terminal condition diagnosed by two independent physicians
A permanent vegetative state or unconsciousness
In those scenarios, your living will guides doctors on whether you want life-sustaining treatments like:
Artificial respiration
Feeding tubes
IV hydration
Dialysis
These are difficult choices — but making them in advance spares your loved ones from unimaginable emotional conflict.
Why Every Adult Should Have a Living Will
A living will does three powerful things:
Takes the burden off your family
Without it, your family is left to guess what you would want — or worse, argue about it. A living will gives them legal clarity and peace of mind.Gives doctors clear instructions
Hospitals are legally required to follow a valid living will in South Carolina and North Carolina. Once your condition meets the criteria, the instructions take effect immediately — no delays, no family override.Prevents costly legal battles
Without a living will, families sometimes end up in court or hospital ethics hearings over life support decisions. This document prevents those disputes before they start.
Living Will vs. Healthcare Power of Attorney
People often confuse these two documents, but they serve different purposes.
A living will applies only in end-of-life scenarios and contains your written instructions.
A healthcare power of attorney appoints someone to make broader medical decisions if you’re unable to communicate.
Best practice: have both.
Your healthcare power of attorney handles general decisions, while your living will provides specific, written direction for terminal or irreversible conditions.
Legal Requirements for a Living Will in South Carolina
A valid South Carolina living will must:
Be notarized
Be witnessed by two disinterested witnesses (people who will not inherit from you)
Your witnesses cannot be beneficiaries of your estate. For example, your children should not serve as witnesses.
JP Rankin also recommends that clients:
Upload a copy to their doctor’s portal (like MyChart)
Provide a digital copy to their healthcare power of attorney
Store one easily accessible copy at home
You don’t want your family scrambling to find your document in a safe while doctors wait for guidance.
Moving Between States? Here’s What to Know
If you live in South Carolina but receive medical care in North Carolina, both states will recognize each other’s living wills and healthcare powers of attorney.
However, there are language differences between the two forms. If you permanently move across state lines, it’s best to update your living will to comply with your new state’s law.
JP recommends updating these documents every three years or after major life changes, such as marriage, divorce, or relocation.
The Document You Hope You Never Need
You may never use your living will — but if you do, it will be the most important document you ever signed.
It ensures your wishes are honored, prevents family conflict, and protects your dignity when you can no longer speak for yourself.
Create or Review Your Living Will with Rankin Law Firm
If you live in North Carolina or South Carolina and want to make sure your family isn’t left guessing or fighting over your medical wishes, schedule a consultation with Rankin Law Firm.
Schedule your consultation:
https://www.rankinestatelaw.com/book-a-consultation
Free resource: 6 Mistakes Families Make With Estate Planning
About JP Rankin
JP Rankin, founder of Rankin Law Firm in Charleston, South Carolina, is licensed in South Carolina, North Carolina, and California. He helps families plan for the unexpected, protect their legacies, and make estate planning understandable — not intimidating.
Disclaimer
This article and video are for informational purposes only and do not constitute legal advice. Viewing or interacting with this content does not create an attorney-client relationship.