§ 44-77-10 Short title
§ 44-77-20 Definitions
§ 44-77-30 When life-sustaining procedures may be withheld
§ 44-77-40 Validity of declaration
§ 44-77-50 Form of declaration
§ 44-77-65 Supplementation of declaration under prior or foreign law with artificial nutrition and hydration instructions
§ 44-77-70 Ineffectiveness of declaration during course of declarant’s pregnancy
§ 44-77-80 Revocation of declaration
§ 44-77-85 Agent may be appointed to effectuate declaration
§ 44-77-90 Reliance on declaration; presumption of good faith; immunity from liability
§ 44-77-100 Substitution of willing physician or health care worker for one unwilling to effectuate declaration
§ 44-77-110 Execution and consummation of declaration as not constituting suicide
§ 44-77-120 Declaration as a condition for insurance, receipt of medical treatment, or admission to hospital or nursing home
§ 44-77-130 Chapter not to be construed to authorize or approve mercy killing
§ 44-77-140 No presumption as to intent to arise from absence of declaration; other legal rights not impaired
§ 44-77-160 Penalties

Terms Used In South Carolina Code > Title 44 > Chapter 77

  • Active treatment: means the standard of reasonable professional care that would be rendered by a physician to a patient in the absence of a declaration including, but not limited to, hospitalization and medication. See South Carolina Code 44-77-20
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Declarant: means a person who has signed a declaration in accordance with Sections 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 Section 44-77-40. See South Carolina Code 44-77-20
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Permanent unconsciousness: means a medical diagnosis, consistent with accepted standards of medical practice, that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem. 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
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Terminal condition: means an incurable or irreversible condition that, within reasonable medical judgment, could cause death within a reasonably short period of time if life-sustaining procedures are not used. See South Carolina Code 44-77-20