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South Carolina law does not permit a partner to make a medical decision on behalf of an incapacitated same-sex partner in the absence of an advance directive. § 44-66-30.
An adult may give his or her same-sex partner power of attorney for medical decisions. A valid health care power of attorney must be substantially in the form set forth in § 62-5-504(D), be dated and signed by the principal or in the principal's name by another person in the principal's presence and by his direction, and witnessed by at least two individuals. § 62-5-504.
Citation: Adult Health Care Consent Act: S.C. Code Ann. § 44-66-10 to 44-66-80 and Powers of Attorney; Health Care Power of Attorney: S.C. Code Ann. § 62-5-504
The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.
Last Updated: 4/30/2008
Updated: Tue, April 29, 2008 - 11:00:55
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