Updated August 03, 2023
A South Dakota living will is a declaration that states a person’s intentions to prolong their life or die a natural death. The declarant can also choose to enter their own end-of-life treatment instructions. After completing, the living will is required to be signed with two (2) witnesses and a notary public. It’s recommended to also complete a medical power of attorney to elect an agent to carry out a declarant’s wishes.
Laws
- Signing Requirements – Two (2) witnesses and a notary public (§ 34-12D-2).
- Statutes – Chapter 34-12D (Living Wills)
How to Write
Download: PDF
Step 1 – Begin by downloading the document and reviewing the vital information contained within the first section of the document
Step 2 – Addressing, family, caregivers, and physicians – (Establishment of Declarant/Principal)
- Enter the name of the declarant/principal
- Selections of Life-Sustaining Treatment – Read the information and selections
- A declarant may read and select their options, if the options available are not what their true wishes are, enter their wishes in the lines provided on the form
- Artificial nutrition and hydration – The declarant must read the brief statement and initial their selection as to whether they would or would not like to have artificial nutrition and hydration
Step 3 – Signatures – After the declarant has completed the document it’s important that they enter their information to include their signature
- Continue the declaration by entering the date of the execution of the document and signatures of both the declarant and the witnesses in mm/dd/yyyy format at the top of the 3d page
- Declarant Information-
- Enter your signature
- Enter your physical address
- Enter your date of birth
- Enter your printed or typed name
- In entering the witnesses signatures, you must read the brief statement just prior to providing signatures – If in agreement –
Witness 1 –
- Enter Signature
- Enter Physical Address
Witness 2 –
- Enter Signature
- Enter Physical Address
Step 4 – Notarization – As the notary has witnessed all signatures, he/she will complete the remainder of the document and authenticate with the state seal.