SOUTH DAKOTA LEGAL INFORMATION

Witnesses: South Dakota law requires two individuals witness the signature of the maker;

Who may be a witness? There are no restrictions under South Dakota law relative to who may serve as a witness to a living will.

Notary: There is no express provision in the South Dakota statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? No express requirement that health care agent sign form (however, the sample form for health care power of attorneys relative to mental health treatment contains an agent acknowledgment);
See South Dakota Declaration and Power of Attorney for Mental Health Treatments (Note: this link is given solely to illustrate provisions under South Dakota law that are analogous to living wills. Please follow the provisions of 34-12D-1, et al. found below for South Dakota law relating to living wills.)

South Dakota Statutes containing living will requirements, Section 34-12D-1, et al.

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