H*4312(Rat #0380, Act #0303 of 2008)  General Bill, By Kirsh
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER
 PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY,
 DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY
 THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT
 PURPOSE; AND TO AMEND SECTION 62-5-504, AS AMENDED, RELATING TO THE HEALTH
 CARE POWER OF ATTORNEY, SO AS TO PROVIDE FOR VISITATION RIGHTS OF THE HEALTH
 CARE AGENT AND TO MAKE NONSUBSTANTIVE FORMAT CHANGES. - ratified title

   12/05/07  House  Prefiled
   12/05/07  House  Referred to Committee on Judiciary
   01/08/08  House  Introduced and read first time HJ-28
   01/08/08  House  Referred to Committee on Judiciary HJ-28
   04/24/08  House  Committee report: Favorable Judiciary HJ-6
   04/29/08  House  Read second time HJ-35
   04/30/08  House  Read third time and sent to Senate HJ-19
   04/30/08  Senate Introduced and read first time SJ-9
   04/30/08  Senate Referred to Committee on Judiciary SJ-9
   05/06/08  Senate Referred to Subcommittee: Gregory (ch), Elliott,
                     Anderson, Ritchie, Cleary, Ceips
   05/21/08  Senate Committee report: Favorable with amendment
                     Judiciary SJ-7
   05/22/08  Senate Committee Amendment Adopted SJ-34
   05/22/08  Senate Amended SJ-34
   05/22/08  Senate Read second time SJ-34
   05/23/08         Scrivener's error corrected
   05/28/08  Senate Read third time and returned to House with
                     amendments SJ-29
   06/03/08  House  Concurred in Senate amendment and enrolled HJ-17
   06/05/08         Ratified R 380
   06/11/08         Signed By Governor
   06/19/08         Copies available
   06/19/08         Effective date 06/11/08
   06/19/08         Act No. 303

(A303, R380, H4312)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-106 SO AS TO PROVIDE THAT A GUARDIANSHIP, CONSERVATORSHIP, OR OTHER PROTECTIVE ORDER ESTABLISHED BY REASON OF INCAPACITY, AND NOT MERELY MINORITY, DOES NOT TERMINATE AUTOMATICALLY UPON THE ATTAINMENT OF THE AGE OF MAJORITY BY THE INCAPACITATED PERSON AND TO DEFINE "INCAPACITATED PERSON" FOR THAT PURPOSE; AND TO AMEND SECTION 62-5-504, AS AMENDED, RELATING TO THE HEALTH CARE POWER OF ATTORNEY, SO AS TO PROVIDE FOR VISITATION RIGHTS OF THE HEALTH CARE AGENT AND TO MAKE NONSUBSTANTIVE FORMAT CHANGES.

Be it enacted by the General Assembly of the State of South Carolina:

Termination of protective order

SECTION    1.    Article 5, Chapter 5, Title 62 of the 1976 Code is amended by adding:

"Section 62-5-106.    (A)    For purposes of this section, 'incapacitated person' has the meaning set forth in Sections 62-5-101(1) and 62-5-401(2) and does not include a person protected only by reason of his minority.

(B)    Notwithstanding another provision of law, neither a guardianship of an incapacitated person established pursuant to Part 3 of this article or a conservatorship or other protective order for an incapacitated person established pursuant to Part 4 of this article terminates only because the ward or protected person attains the age of majority or other benchmark age."

Health care agent's rights

SECTION    2.    Section 62-5-504(E) of the 1976 Code, as last amended by Act 365 of 2006, is further amended to read:

"(E)    A health care agent has, in addition to the powers set forth in the health care power of attorney, the following specific powers:

(1)    to have access to the principal's medical records and information to the same extent that the principal would have access, including the right to disclose the contents to others;

(2)    to contract on the principal's behalf for placement in a health care or nursing care facility or for health care related services, without the agent incurring personal financial liability for the contract;

(3)    to hire and fire medical, social service, and other support personnel responsible for the principal's care;

(4)    to have the same health care facility or nursing care facility visitation rights and privileges of the principal as are permitted to immediate family members or spouses."

Desires regarding tube feeding

SECTION    3.    Section 62-5-504(D)8.8 of the 1976 Code, as last amended by Act 365 of 2006, is further amended to read:

"8.    STATEMENT OF DESIRES REGARDING TUBE FEEDING

With respect to Nutrition and Hydration provided by means of a nasogastric tube or tube into the stomach, intestines, or veins, I wish to make clear that in situations where life-sustaining treatment is being withheld or withdrawn pursuant to Paragraph 7, (INITIAL ONLY ONE OF THE FOLLOWING 3 PARAGRAPHS):

(1)    ___ GRANT OF DISCRETION TO AGENT. I do not want my life to be prolonged by tube feeding if my agent believes the burdens of tube feeding outweigh the expected benefits. I want my agent to consider the relief of suffering, my personal beliefs, the expense involved, and the quality as well as the possible extension of my life in making this decision.

OR

(2)    ___ DIRECTIVE TO WITHHOLD OR WITHDRAW TUBE FEEDING. I do not want my life prolonged by tube feeding.

OR

(3)    ___ DIRECTIVE FOR PROVISION OF TUBE FEEDING. I want tube feeding to be provided within the standards of accepted medical practice, without regard to my condition, the chances I have for recovery, or the cost of the procedure, and without regard to whether other forms of life-sustaining treatment are being withheld or withdrawn.

IF YOU DO NOT INITIAL ANY OF THE STATEMENTS IN PARAGRAPH 8, YOUR AGENT WILL NOT HAVE AUTHORITY TO DIRECT THAT NUTRITION AND HYDRATION NECESSARY FOR COMFORT CARE OR ALLEVIATION OF PAIN BE WITHDRAWN."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Approved the 11th day of June, 2008.