"This time, with a PAD, I did not receive any treatments that I did not want. They were very respectful. I really felt like the hospital took better care of me because I had my PAD. In fact, I think it's the best care that I've ever received."Read More...
South Carolina Q and A
Ten commonly asked questions about PAD's for South Carolina
Note: the following 10 FAQs are designed to provide a quick and accessible guide to what your state Statutes say – or do not say – about PADs. The FAQs do not attempt to provide a complete overview of the law in your state, nor can they take the place of legal advice.
1. Can I write a legally-binding psychiatric advance directive (PAD)?
The Code of South Carolina provides for ADs but not PADs. However, the South Carolina Department of Mental Health has recently published a PAD, known as a “Declaration for Mental Health Treatment”. The PAD form is available online at www.state.sc.us/dmh , under “client resources”. On the same site, there is a card you can keep on your person to advise that you have a PAD.
2. Can I write advance instructions regarding medications and/or hospitalization?
Yes. You can specify choices about both medications and hospitalization, including your refusal of consent to either. The PAD form also allows you to indicate which treatment strategies other than medication you have found helpful in the past, for example that you wish the TV to be turned off.
No. However, your PAD requires the signatures of two witnesses who attest that you are competent to make the PAD at that time.
Yes, using the same “Declaration for Mental Health Treatment” form.
Yes. If you become legally incompetent to make a particular decision about medication or hospitalisation, your agent can make that decisions for you, which could include a decision not to accept the treatment being offered.
Your agent must exercise substituted judgment.
No. However, the state advises that the contents of your PAD (“Declaration for Mental Health Treatment”) may be more legally binding if attached to the AD provided for in the South Carolina Code, section 62-5-504. You are therefore advised to fill out both documents, cross-referencing them to one another, particularly if you wish to appoint one agent for psychiatric decisions and another for other healthcare decisions.
The “Declaration for Mental Health Treatment” contains no time limit. It is therefore valid until you revoke it. For more on the legal issues surrounding revocation see [legal FAQs].