The declarant may indicate in the declaration whether he wants to appoint an agent to act on his behalf in assuring that the declaration is given effect by petitioning the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. The authority of a person designated pursuant to this section is not affected by the subsequent appointment of a guardian or by the declarant's execution of a durable power of attorney before or after execution of the declaration. If the agent is not reasonably available, or is unable or unwilling to ensure that the declaration be given effect, an interested person may petition the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. Nothing in this section alters the self-executing nature of a declaration or requires that a court order be obtained or other affirmative action be taken to make the declaration valid or to bring about its implementation. This section does not apply to a declaration that has been revoked as provided in Section 44-77-80.
HISTORY: 1991 Act No. 149, Section 1.
Structure South Carolina Code of Laws
Chapter 77 - Death With Dignity Act
Section 44-77-10. Short title.
Section 44-77-20. Definitions.
Section 44-77-30. When life-sustaining procedures may be withheld.
Section 44-77-40. Validity of declaration.
Section 44-77-50. Form of declaration.
Section 44-77-70. Ineffectiveness of declaration during course of declarant's pregnancy.
Section 44-77-80. Revocation of declaration.
Section 44-77-85. Agent may be appointed to effectuate declaration.
Section 44-77-90. Reliance on declaration; presumption of good faith; immunity from liability.
Section 44-77-110. Execution and consummation of declaration as not constituting suicide.
Section 44-77-130. Chapter not to be construed to authorize or approve mercy killing.