Advance Directives

A Simple and Smart Way to Take Charge of Your Care

Advance directives—a living will, health care proxy and durable power of attorney—are the legal documents that allow you to give direction to medical personnel, family and friends concerning your future care when you cannot speak for yourself. You do not need a lawyer in order to complete advance directives. 

There are two types of advance directives in South Carolina: the living will and the health care power of attorney. When you provide BMH with copies of your advance directives, BMH will honor them.

Patient Services Advance Directives

You have the right to make decisions about your own medical treatment. These decisions become more difficult if, due to illness or a change in mental condition, you are unable to tell your doctor and loved ones what kind of health care treatments you want. That is why it is important for you to make your wishes known in advance. It is more difficult to execute advance directives once you become a patient in the hospital because you will need to have two witnesses not related to you by blood or marriage to complete these forms. 

Here is a brief description of each kind of directive:

Living Will

A set of instructions documenting your wishes about life-sustaining medical care. It will only be used if you become unconscious or too ill to communicate yourself. A living will protects your rights to accept or refuse medical care and removes the burden for making decisions from your family, friends and medical professionals. The living will most commonly used in South Carolina is the “Declaration of a Desire for a Natural Death.”

Health Care Proxy 

A person (agent) you appoint to make your medical decisions if you are unable to do so. Choose someone you know well and trust to represent your preferences. Be sure to discuss this with the person before naming him or her as your agent. Remember that an agent may have to use his or her judgment in the event of a medical decision for which your wishes aren’t known.

Durable Power of Attorney

For health care: A legal document that names your health care proxy. Once written, it should be signed, dated, witnessed, copied and put into your medical record. 

For finances: You also may want to appoint someone to manage your financial affairs when you cannot. A durable power of attorney for finances is a separate legal document from the durable power of attorney for health care. You may choose the same person for both or choose different people to represent you.

Note: Hospital employees may not serve as a witness for any financial or durable power of attorney forms. If you have questions, please ask to speak with a care coordinator.