South Dakota Living Wills Laws
|Code Section||34-12D-1, et seq. Living Wills|
|Specific Powers, Life-Prolonging Acts||Any 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 Will||Revocable 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-State||Document 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 Attorney||Unwilling 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 Physician||No civil, criminal, or professional liability for giving effect to a declaration|
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