All Laws Decoded

Living Wills and Advance Directives in South Dakota

How to make a valid living will (advance directive) and medical power of attorney in South Dakota, with the official form.

Short answer: A competent adult may sign a living will declaration governing the withholding or withdrawal of life-sustaining treatment. SDCL 34-12D-2; SDCL 34-12D-3

Living will / advance directiveA competent adult may sign a living will declaration governing the withholding or withdrawal of life-sustaining treatment. It must be signed by the declarant (or by another at the declarant's direction) and either witnessed by two adults or notarized by a notary public. The declaration must state the declarant's preferences about artificial nutrition and hydration. The statute provides an optional sample form.
Medical power of attorneySouth Dakota uses a durable power of attorney for health care, naming an agent to make health care decisions while the principal lacks capacity. It must be signed by the principal (or by another at the principal's direction in the principal's conscious presence) and witnessed by two other adults or by a notary public. No single mandatory statutory form is required.

More South Dakota estate law

FAQ

How do I make a living will in South Dakota?
A competent adult may sign a living will declaration governing the withholding or withdrawal of life-sustaining treatment. It must be signed by the declarant (or by another at the declarant's direction) and either witnessed by two adults or notarized by a notary public. The declaration must state the declarant's preferences about artificial nutrition and hydration. The statute provides an optional sample form.
How do I make a medical power of attorney in South Dakota?
South Dakota uses a durable power of attorney for health care, naming an agent to make health care decisions while the principal lacks capacity. It must be signed by the principal (or by another at the principal's direction in the principal's conscious presence) and witnessed by two other adults or by a notary public. No single mandatory statutory form is required.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.