South Carolina law

Elder Laws in South Carolina.

South Carolina elder-law practice covers Medicaid long-term care planning, powers of attorney, advance directives, guardianships through the county Probate Court, nursing home resident rights, and Adult Protective Services. South Carolina follows the federal 60-month Medicaid lookback. South Carolina has adopted the Uniform Power of Attorney Act (2017). SC Department of Social Services administers Adult Protective Services. Vulnerable Adults Act provides criminal penalties for abuse and exploitation.

Last verified: 2026-04-17

State law

Key South Carolina Statutes

Guardianship and ConservatorshipS.C. Code § 62-5-101 et seq.

Guardianship of incapacitated adults is adjudicated in Probate Court. Petitioner must prove incapacity. Annual reporting required.

Uniform Power of Attorney ActS.C. Code § 62-8-101 et seq.

Adopted 2017. Powers may be durable and continue through principal's incapacity.

Health Care Power of AttorneyS.C. Code § 62-5-504

Statutory form for designation of agent to make healthcare decisions.

Death with Dignity Act (Living Will)S.C. Code § 44-77-10 et seq.

Authorizes Declarations of Desire for Natural Death (living wills) for terminally ill patients.

Medicaid Long-Term Care42 U.S.C. § 1396p; SC DHHS rules

Federal 60-month lookback on asset transfers. South Carolina administers Medicaid through the Department of Health and Human Services.

Adult Protective ServicesS.C. Code § 43-35-1 et seq. (Adult Protection Act)

APS investigates reports of abuse, neglect, and exploitation of vulnerable adults. Certain professionals are mandated reporters.

Criminal Exploitation of Vulnerable AdultsS.C. Code § 43-35-85

Criminal statute. Felony penalties for exploitation by a caregiver or person in position of trust.

State law

Official Sources

SC Department of Social Services SC Lt. Governor's Office on Aging

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.

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Elder Laws in South Carolina.

Key South Carolina Statutes

Official Sources

Not Legal Advice

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