Living Will Requirements in South Carolina
A South Carolina living will must be signed before two witnesses and a notary (or other officer authorized to administer oaths), with the witnesses' affidavit sworn before that officer.
Last checked . General information, not legal advice.
South Carolina at a glance
- Name of the document
- Declaration of a Desire for a Natural Death
- Witnesses
- 2 witnesses
- Notarization
- Required, plus witnesses
The rules in South Carolina
What is a living will called in South Carolina?
In South Carolina, the document is called the Declaration of a Desire for a Natural Death.
Does a living will need witnesses in South Carolina?
South Carolina requires two witnesses.
Does a living will need to be notarized in South Carolina?
Yes. South Carolina requires a notary in addition to the witnesses.
Where do the South Carolina rules for living wills come from?
They come from S.C. Code ch. 44-77 (Death With Dignity Act), 44-77-40. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How South Carolina compares
South Carolina is one of 3 jurisdictions that require both witnesses and a notary.
What this means in practice
Give copies to your doctor, your health care agent and close family, and keep the original where it can be found quickly. A living will that nobody can find cannot help.
Many states have rules about who may serve as a witness, for example excluding relatives or your health care providers. Check the statute before you sign.
Review the document after a major diagnosis, a move to another state or a change in your wishes.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.