A South Dakota living will is often referred to as a living will declaration or an advance directive. It is an important legal document. In South Dakota, a living will is important because it documents your own health care decisions. Examples of medical procedures that you may wish to include are whether you want artificial nutrition or hydration, when the withdrawal of artificial nutrition should occur, whether you have a do not resuscitate order (DNR order), and whatever other kinds of treatment you do or do not want. This legal form is used in the event that you are declared incapacitated and cannot make your own medical decisions because of a terminal condition, incurable injury, or are in a persistent vegetative state. However, pregnant women are treated a bit differently under this document in order to care for the unborn baby.
Additionally, a South Dakota living will nominates a health care agent to make your medical decisions during that time. You can also name a second person as an alternate agent. A South Dakota living will must be signed by two witnesses. You may also have it notarized although that isn't a legal necessity.
A living will is an estate planning document that makes difficult decisions easier on your family members and other loved ones. However, it does not operate in the same way as a power of attorney, durable power of attorney, or health care power of attorney (also referred to as a medical power of attorney). While any sort of power of attorney is a valuable and helpful document, not even a durable health-care power of attorney allows an agent to make end-of-life decisions on your behalf. You must have a living will in place for these decisions. To learn more about the differences and the benefits of both a living will and a power of attorney, get professional help from an attorney.
§ 34-12D-1 through § 34-12D-29: South Dakota law provides a sample form for use as a living will. The law also explains that only patients who are considered qualified (able to make their own decisions) may decide whether they can withdraw or withhold life-sustaining treatment in the future. Remember that the declarant, the agent, and the witnesses should all sign on the signature lines.
When preparing for the end of life, it is vital to also prepare a South Dakota last will and testament.
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