Medical Power of Attorney in South Dakota
How to name a health care agent in South Dakota: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: South Dakota uses a durable power of attorney for health care, naming an agent to make health care decisions while the principal lacks capacity. SDCL 59-7-2.1
| Medical power of attorney | 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. Source: SDCL 59-7-2.1 |
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| Health care directive | A competent adult may sign a living will declaration about withholding or withdrawing life-sustaining treatment; it must be signed by the declarant (or another at the declarant's direction) and either witnessed by two adults or notarized, and must state the person's wishes about artificial nutrition and hydration. The statute provides an optional sample form. A durable power of attorney for health care, naming an agent to make health care decisions while the person lacks capacity, must be signed by the principal (or another at the principal's direction in the principal's conscious presence) and witnessed by two other adults or a notary public. The living will signing statute was amended in 2023. |
| Living will / advance directive | 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. Source: SDCL 34-12D-2; SDCL 34-12D-3 |
| Official power of attorney forms | South Dakota law lets a principal name an attorney-in-fact (agent) with authority to make health care decisions through a durable power of attorney for health care, including consenting to, rejecting or withdrawing consent for any care, service or procedure. It must be signed by the principal, and the signature must be witnessed by two other adults or by a notary public (SDCL 59-7-2.1). Source: SDCL 59-7-2.1 |
More South Dakota estate law
- Small Estate Affidavit in South Dakota
- Power of Attorney in South Dakota
- Quitclaim Deeds and Transferring Property in South Dakota
- Who Inherits If You Die Without a Will in South Dakota
- How to Make a Valid Will in South Dakota
- How Probate Works in South Dakota
- Living Wills and Advance Directives in South Dakota
- Revocable Living Trusts in South Dakota
- Executor Duties in South Dakota
- Letters Testamentary in South Dakota
- Affidavit of Heirship in South Dakota
- How to Avoid Probate in South Dakota
- Transferring a Car After Someone Dies in South Dakota
- All South Dakota wills, probate and estate rules
FAQ
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.
What are the requirements for a health care directive in South Dakota?
A competent adult may sign a living will declaration about withholding or withdrawing life-sustaining treatment; it must be signed by the declarant (or another at the declarant's direction) and either witnessed by two adults or notarized, and must state the person's wishes about artificial nutrition and hydration. The statute provides an optional sample form. A durable power of attorney for health care, naming an agent to make health care decisions while the person lacks capacity, must be signed by the principal (or another at the principal's direction in the principal's conscious presence) and witnessed by two other adults or a notary public.
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.
Where can I get a power of attorney form in South Dakota?
South Dakota law lets a principal name an attorney-in-fact (agent) with authority to make health care decisions through a durable power of attorney for health care, including consenting to, rejecting or withdrawing consent for any care, service or procedure. It must be signed by the principal, and the signature must be witnessed by two other adults or by a notary public (SDCL 59-7-2.1).
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.