Having a living will is essential as it provides clarity and guidance to healthcare providers and family members during critical and often stressful times. It helps to ensure that the medical care provided aligns with the individual’s values and desires when they cannot speak for themselves, thus preventing potential conflicts and reducing the burden on loved ones.
A South Dakota living will allows the designation of a healthcare power of attorney — a person authorized to make medical decisions on behalf of the individual if they are incapacitated. The provisions outlined in the living will become effective when the person is determined by a physician to be in a terminal condition and unable to communicate or make informed decisions about their treatment.
In South Dakota, the signing requirements and applicable laws for a living will form are governed by specific sections of the South Dakota Codified Laws (SDCL). The relevant statutes governing living wills in South Dakota are under SDCL Chapter 34-12D, “Natural Death and Life-Sustaining Procedures.” These laws detail the procedures for executing a living will and address the conditions under which life-sustaining treatment may be withheld or withdrawn.
The individual creating the living will (declarant) must be at least 18 years old and of sound mind at the time of the document’s execution. The living will must be signed in the presence of two witnesses. According to SDCL § 34-12D-2, witnesses must be at least 18. They cannot be:
The living will should be in writing. While South Dakota does not require the document to be notarized, having it notarized can add an extra layer of authenticity, especially if it might be used in other jurisdictions.
A living will in South Dakota can be revoked at any time by the declarant, irrespective of their mental state. This revocation can be done in any manner that communicates an intent to revoke, such as through:
The flexibility to revoke or amend the living will ensures that individuals can adapt their end-of-life care plans as their situations or preferences change.
| Document Name | South Dakota Living Will Form |
| State Form Name | South Dakota Living Will Declaration |
| Signing Requirements | Two Witnesses or Notary Public |
| Validity Requirements | SDCL § 34-12D-2 |
| Powers Limitation | SDCL § 34-12D-11 |
| State Laws: South Dakota Codified Laws, Sections 34-12D-1 to 34-12D-29 | |
Popular Local Living Will Forms
Filling out a South Dakota living will form is important in ensuring your medical treatment preferences are respected when you cannot communicate them yourself. Follow these detailed steps to complete the form.
1. Fill in Your Personal Details
Start by entering your full legal name in the space provided at the beginning of the declaration. Make sure to print clearly to avoid any misinterpretations of your identity.
2. Declare Your General Intent
Carefully read the initial declaration and understand that this document will dictate your wishes regarding medical treatment if you are in a terminal condition and unable to communicate.
3. Choose Your Life-Sustaining Treatment Options
You will find options regarding life-sustaining treatment. If you do not wish to prolong your life when death is imminent or if you are permanently unconscious, initial the first option. If you wish to prolong your life under these conditions, initial the second option. If neither option applies, write your instructions in the space provided under the third option.
4. Specify Your Wishes Regarding Artificial Nutrition and Hydration
Decide if you want artificial nutrition and hydration under the described conditions. Initial the appropriate option to indicate whether you want or do not want these interventions if you are terminally ill and death is imminent or if you are permanently unconscious.
5. Sign and Date the Form
Once you have completed filling out your treatment preferences, sign the form and write the current date to validate the document.
6. Add Witness and Notary Information
Have two witnesses watch you sign the form, then have them fill in their names and addresses. Witnesses should not be relatives by blood or marriage, beneficiaries of your estate, or directly financially responsible for your medical care. After the witnesses have signed, a Notary Public must sign and seal the form to notarize your living will.
7. Distribute Copies
After completing the form, make copies and distribute them to relevant parties. Provide a copy to your family, physician, health care proxy (if applicable), and any healthcare facility where you receive treatment. Keep the original in a safe yet accessible place.
