Living Will in South Dakota
State-specific overview · Estate & Probate
South Dakota requires two witnesses or notarization; living wills take effect only when you lack decision-making capacity.
How South Dakota treats Living Will
South Dakota recognizes living wills under its Health Care Directive law. Your document must be signed by you and either witnessed by two people or notarized. The directive becomes operative only when you are unable to communicate your wishes, and your physician must confirm this incapacity before honoring it. South Dakota also allows you to name a health care agent to make decisions on your behalf.
The general definition of Living Will
A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
A living will (also called an advance directive) is a written statement of your medical preferences if you're ever in a coma, terminal illness, or unable to speak for yourself. You can specify whether you want life support, feeding tubes, or resuscitation. Doctors and family members use it to make decisions that honor your values when you cannot.
Read the full Living Will entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.