(a) A health care power of attorney is a durable power of attorney. Statutory provisions that refer to a durable power of attorney or judicial interpretations of the law relating to durable powers of attorney apply to a health care power of attorney to the extent that they are not inconsistent with this part.
(b) This section does not affect the right of a person to execute a durable power of attorney relating to health care pursuant to other provisions of law but which does not conform to the requirements of this section. If a durable power of attorney for health care executed under this part or under the laws of another state does not conform to the requirements of this section, the provisions of this section do not apply to it. However, a court is not precluded from determining that the law applicable to nonconforming durable powers of attorney for health care is the same as the law set forth in this section for health care powers of attorney.
(c) To the extent not inconsistent with this part, the provisions of the Adult Health Care Consent Act apply to the making of decisions by a health care agent and the implementation of those decisions by health care providers.
(d) In determining the effectiveness of a health care power of attorney, mental incompetence is to be determined according to the standards and procedures for inability to consent pursuant to Section 44-66-20(8), except that certification of mental incompetence by the agent may be substituted for certification by a second physician. If the certifying physician states that the principal's mental incompetence precludes the principal from making all health care decisions or all decisions concerning certain categories of health care, and that the principal's mental incompetence is permanent or of extended duration, no further certification is necessary in regard to the stated categories of health care decisions during the stated duration of mental incompetence unless the agent or the attending physician believes the principal may have regained capacity.
HISTORY: 1992 Act No. 306, Section 1; 2005 Act No. 172, Section 1; 2006 Act No. 365, Section 1; 2008 Act No. 303, Sections 2, 3, eff June 11, 2008; 2010 Act No. 244, Section 41, eff June 7, 2010; formerly 1976 Code Section 62-5-504; 2016 Act No. 279, Section 2, eff January 1, 2017.
Structure South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 5 - Protection Of Persons Under Disability And Their Property
Section 62-5-101. Definitions and use of terms.
Section 62-5-102. Consolidation of proceedings.
Section 62-5-103. Facility of payment or delivery.
Section 62-5-104. Director of Department of Mental Health or his designee may act as conservator.
Section 62-5-105. Costs and expenses; attorney's fees.
Section 62-5-106. Responsibilities and duties of guardian ad litem; reports.
Section 62-5-107. Finding of incapacity.
Section 62-5-108. Temporary orders and hearings.
Section 62-5-201. Jurisdiction.
Section 62-5-301. Testamentary nomination of guardian for incapacitated individual.
Section 62-5-303. Procedure for court appointment of a guardian; summons and petition.
Section 62-5-303A. Procedure for court appointment of a guardian; service.
Section 62-5-303C. Procedure for court appointment of a guardian; hearing.
Section 62-5-304. Order of appointment; alternatives; limitations on guardian's powers.
Section 62-5-304A. Rights and powers of ward and guardian.
Section 62-5-305. Acceptance of appointment; consent to jurisdiction.
Section 62-5-306. Termination of guardianship for incapacitated person; accounting of funds.
Section 62-5-307. Informal request for relief.
Section 62-5-307A. Removal of guardian; termination of incapacity.
Section 62-5-308. Guardian; qualifications; priorities.
Section 62-5-309. Delegation of guardian's powers.
Section 62-5-310. Proceedings subsequent to appointment; venue.
Section 62-5-402. Protective proceedings; minors.
Section 62-5-403. Protective proceedings; incapacitated and disabled persons.
Section 62-5-403A. Service of summons and petition.
Section 62-5-403B. Appointment of counsel and guardian ad litem.
Section 62-5-403C. Hearing; waiver.
Section 62-5-403D. Report of examiner.
Section 62-5-404. Protective proceedings; limited conservatorship.
Section 62-5-405. Protective arrangements.
Section 62-5-407. Order of appointment; rights and powers of protected person.
Section 62-5-408. Conservator; qualifications; priorities.
Section 62-5-410. Terms and requirements of bonds.
Section 62-5-411. Acceptance of appointment; consent to jurisdiction.
Section 62-5-412. Compensation and expenses.
Section 62-5-413. Informal request for relief.
Section 62-5-414. General duty of conservator; financial plan.
Section 62-5-415. Inventory and records.
Section 62-5-416. Reporting requirements.
Section 62-5-417. Conservators; title by appointment.
Section 62-5-418. Fiduciary letters of conservatorship.
Section 62-5-419. Sale or encumbrance involving conflict of interest.
Section 62-5-420. Persons dealing with conservators; protection.
Section 62-5-421. Interest of protected person not transferable or assignable.
Section 62-5-422. Powers of conservator in administration.
Section 62-5-423. Distributive duties and powers of conservator.
Section 62-5-425. Preservation of estate plan.
Section 62-5-426. Claims against protected person.
Section 62-5-427. Individual liability of conservator.
Section 62-5-428. Actions for requests subsequent to appointment; procedures.
Section 62-5-430. Foreign conservator; proof of authority; bond; powers.
Section 62-5-432. Special needs trust.
Section 62-5-500. Short title.
Section 62-5-501. Definitions.
Section 62-5-503. Requirements for health care power of attorney.
Section 62-5-504. Form of health care power of attorney.
Section 62-5-505. Health care agent powers.
Section 62-5-506. Compensation of agent; liability for costs of care or services.
Section 62-5-507. Pregnancy of principal.
Section 62-5-508. Duty of health care or nursing care provider.
Section 62-5-509. Duty of agent.
Section 62-5-510. Immunity from liability.
Section 62-5-511. Appointment of successor agents.
Section 62-5-512. Revocation of health care power of attorney.
Section 62-5-514. Criminal liability.
Section 62-5-515. Informing another person regarding this part not prohibited.
Section 62-5-516. Civil liability.
Section 62-5-517. Document or writing deemed to comply with requirements of this part.
Section 62-5-518. Validity of a durable power of attorney.
Section 62-5-700. Short title.
Section 62-5-701. Exclusive jurisdiction.
Section 62-5-702. Definitions.
Section 62-5-703. Treatment of foreign countries.
Section 62-5-705. Requests to court of another state; requests from court of another state.
Section 62-5-706. Testimony of witness located in another state.
Section 62-5-707. Jurisdiction of court.
Section 62-5-708. Special jurisdiction.
Section 62-5-709. Exclusive and continuing jurisdiction; exception.
Section 62-5-710. Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding.
Section 62-5-712. Notice requirements to alleged incapacitated individual's home state.
Section 62-5-713. Rules for dealing with conflicting petitions in this and another state.
Section 62-5-716. Registration of orders from another state; powers in this state.