South Carolina § 62-5-516 Civil liability.

South Carolina Statutes

§ 62-5-516 — Civil liability.

South Carolina § 62-5-516

Title 62SOUTH CAROLINA PROBATE CODE

Ch.ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

This text of South Carolina § 62-5-516 (Civil liability.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 62-5-516 (2026).

Text

(a)If a person wilfully conceals, cancels, defaces, obliterates, or damages a health care power of attorney without the principal's consent, or falsifies or forges a revocation of a health care power of attorney, or otherwise prevents the implementation of the principal's wishes as stated in a health care power of attorney, that person breaches a duty owed to the principal and is responsible for payment of any expenses or other damages incurred as a result of the wrongful act.

(b)A physician or health care facility electing for any reason not to follow an agent's instruction that life-sustaining procedures be withheld or withdrawn as authorized in the health care power of attorney shall make a reasonable effort to locate a physician or health care facility that will follow the instructio

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If a person wilfully conceals, cancels, defaces, obliterates, or damages a health care power of attorney without the principal's consent, or falsifies or forges a revocation of a health care power of attorney, or otherwise prevents the implementation of the principal's wishes as stated in a health care power of attorney, that person breaches a duty owed to the principal and is responsible for payment of any expenses or other damages incurred as a result of the wrongful act. (b) A physician or health care facility electing for any reason not to follow an agent's instruction that life-sustaining procedures be withheld or withdrawn as authorized in the health care power of attorney shall make a reasonable effort to locate a physician or health care facility that will follow the instruction and has a duty to transfer the patient to that physician or facility. If a nurse or other employee of a health care provider or nursing care provider gives notice that the employee does not wish to participate in the withholding or withdrawal of life-sustaining procedures as directed by an agent, a reasonable effort shall be made by the physician and the health care provider or nursing care provider to effect the withholding or withdrawal of life-sustaining procedures without the participation of the employee.

Legislative History

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.