Living Will Form | South Dakota

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Updated on May 16th, 2023

A South Dakota living will is a legal document in which a medical patient declares their preferences regarding withholding or withdrawing life-sustaining treatment in cases of terminal illness or imminent death. The will becomes effective when the patient can no longer communicate their own decisions for their care. Any competent adult can execute a living will.

If the living will does not explicitly provide instructions for artificial nutrition and hydration, the medical practitioner will follow standard state guidelines to treat the patient.

Laws

  • StatuteChapter 34-12D (Living Wills)
  • Signing Requirements (§34-12D-2) – Must be signed by the patient or another person acting at the patient’s direction. Two other adults are required to witness the signature. The signatures can all be notarized as well.