South Carolina Code 44-77-80. Revocation of declaration
(1) by being defaced, torn, obliterated, or otherwise destroyed in expression of the declarant‘s intent to revoke by the declarant or by some person in the presence of and by the direction of the declarant. Revocation by destruction of one or more of multiple original declarations revokes all of the original declarations. The revocation of the original declarations actually not destroyed becomes effective only upon communication to the attending physician. The attending physician shall record in the declarant’s medical record the time and date when the physician received notification of the revocation;
Terms Used In South Carolina Code 44-77-80
- Declarant: means a person who has signed a declaration in accordance with §§ 44-77-40 and 44-77-50, in accordance with earlier, current, or future versions of this chapter, or in accordance with the law of another state if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in § 44-77-40. See South Carolina Code 44-77-20
- Life-sustaining procedures: means any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not the procedures are utilized. See South Carolina Code 44-77-20
- Person: means an individual, partnership, committee, association, corporation, hospital, or other organization or group. See South Carolina Code 44-77-20
- Physician: means a person licensed to practice medicine. See South Carolina Code 44-77-20
(2) by a written revocation signed and dated by the declarant expressing his intent to revoke. The revocation becomes effective only upon communication to the attending physician. The attending physician shall record in the declarant’s medical record the time and date when the physician received notification of the written revocation;
(3) by an oral expression by the declarant of his intent to revoke the Declaration. The revocation becomes effective only upon communication to the attending physician by the declarant. However, an oral revocation made by the declarant becomes effective upon communication to the attending physician by a person other than the declarant if:
(a) the person was present when the oral revocation was made;
(b) the revocation was communicated to the physician within a reasonable time;
(c) the physical or mental condition of the declarant makes it impossible for the physician to confirm through subsequent conversation with the declarant that the revocation has occurred. The attending physician shall record in the declarant’s medical record the time, date, and place of the revocation and the time, date, and place, if different, of when the physician received notification of the revocation. To be effective as a revocation, the oral expression clearly must indicate the declarant’s desire that the declaration not be given effect or that life-sustaining procedures be administered;
(4) by a written, signed, and dated revocation or by an oral revocation by the declarant’s designee, the designee’s name and address being supplied in the declaration, expressing the designee’s intent to permanently or temporarily revoke the declaration. The revocation becomes effective only upon communication to the attending physician by the designee. The attending physician shall record in the declarant’s medical record the time, date, and place of the revocation and the time, date, and place, if different, of when the physician received notification of the revocation. A designee may revoke only if the declarant is incompetent to do so.
(5) by the declarant’s execution of a subsequent declaration.