Are You a Legal Professional?

South Dakota Living Wills Laws

More Information on Living Wills

Code Section 34-12D-1, et seq. Living Wills
Specific Powers, Life-Prolonging ActsAny medical procedure or intervention that will serve only to postpone death or maintain person in state of permanent unconsciousness. Does not include comfort care, hygiene and human dignity, oral administration of food and water, or medical procedure to alleviate pain
Legal Requirements for Valid Living Will(1) Competent adult; (2) signed by declarant; (3) witnessed by 2 adults; (4) may be in presence of notary public (suggested form §34-12D.3); (5) not operative for pregnant woman unless live birth unlikely to a reasonable degree of medical certainty
Revocation of Living WillRevocable at any time in any manner without regard to declarant's physical or mental condition. Effective upon communication to physician or other health care provider
Validity from State-to-StateDocument is valid if it meets execution requirements of place where executed, place where declarant was a resident, or requirements of the state of South Dakota
If Physician Unwilling to Follow Durable Power of AttorneyUnwilling physician must make a reasonable effort to locate and transfer a patient to a physician who will honor the declaration; must continue treatment or care until transfer is effectuated
Immunity for Attending PhysicianNo civil, criminal, or professional liability for giving effect to a declaration

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law:

Related Resources for Living Wills Laws:

Next Step Search and Browse
Contact a qualified attorney.
(e.g., Chicago, IL or 60611)