South Dakota Living Will Requirements
Based on SDCL Chapter 34-12D (Living Wills)
Quick Summary
- Document type: Living Will Declaration
- 2 witnesses required
- Notarization not required
Witness Requirements
South Dakota requires 2 witnesses who are present when you sign your living will declaration. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least eighteen (18) years of age
- A witness cannot be related to the declarant by blood, marriage, or adoption
- A witness cannot be entitled to any portion of the declarant's estate by will or by operation of law
- A witness cannot be directly financially responsible for the declarant's medical care
- A witness cannot be the declarant's attending physician or an employee of the attending physician
- A witness cannot be an employee of a health care facility in which the declarant is a patient
When Your Living Will Takes Effect
Your South Dakota living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable and irreversible condition such that, in accordance with accepted medical standards, death is imminent if life-sustaining treatment is not administered.
Persistent Vegetative State
A coma or other condition of permanent unconsciousness that, in accordance with accepted medical standards, will last indefinitely without significant improvement and in which the individual is unable to communicate verbally or nonverbally, demonstrates no purposeful movement or motor ability, and is unable to interact purposefully with environmental stimulation.
Irreversible Condition
An irreversible condition encompasses both a terminal condition where death is imminent without life-sustaining treatment, and a condition of permanent unconsciousness as defined in the South Dakota Living Will statute.
Important Notes for South Dakota
- South Dakota follows the Living Wills statute (SDCL Chapter 34-12D)
- A declaration becomes operative when the declarant is determined by the attending physician and one other physician to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment
- "Life-sustaining treatment" is defined as any medical procedure or intervention that, when administered to a patient, will serve only to postpone the moment of death or to maintain the patient in a condition of permanent unconsciousness
- Notarization is optional but may be done in addition to witnessing; the signing may be in the presence of a notary public who shall thereafter notarize the declaration
- A declaration may be revoked at any time by the declarant, without regard to the declarant's mental state or competency, by physical destruction or defacement, by a written revocation signed and dated by the declarant, or by a verbal expression of intent to revoke in the presence of a witness
- The statute includes a pregnancy provision: life-sustaining treatment must not be withheld or withdrawn from a declarant known to be pregnant, if it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment
- A statutory declaration form is provided in SDCL 34-12D-3
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.