South Dakota Living Wills Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
A living will is technically not a will, but a legally binding document in which a person declares how he or she would like to be treated in case of a medical emergency. The term refers to a set of written instructions that explain your wishes regarding end-of-life decisions in the event that you are unable to communicate with your doctor. For instance, you may state in your living will that you do not want to be kept alive through artificial respirators.
Living Wills in South Dakota
Under South Dakota Law, any spoken or written decision or instruction about the health care you want in the future is called an "Advance Directive." You can tell your family your wishes, but it is best to put it in writing.
Who Can Make An Advance Directive?
Anyone living in South Dakota who is 18 years of age or older can complete an advance directive. If you are younger than 18 you may also be able to complete an Advance Directive under certain circumstances.
Is a Living Will the Same As a Durable Power of Attorney?
It is different from a durable power of attorney for health care because it does not cover anything besides your wishes for life sustaining treatment.
See FindLaw's Living Wills section for more information.
Code Section | 34-12D-1, et seq. Living Wills |
Legal Requirements for Valid Living Will | Any medical procedure or intervention that will serve only to postpone death or maintain person in state of permanent unconsciousness. Does not include comfort care, hygiene and human dignity, oral administration of food and water, or medical procedure to alleviate pain |
Specific Powers, Life-Prolonging Acts |
|
Revocation of Living Will | Revocable at any time in any manner without regard to declarant's physical or mental condition. Effective upon communication to physician or other health care provider |
Validity from State-to-State | Document is valid if it meets execution requirements of place where executed, place where declarant was a resident, or requirements of the state of South Dakota |
If Physician Unwilling to Follow Durable Power of Attorney | Unwilling physician must make a reasonable effort to locate and transfer a patient to a physician who will honor the declaration; must continue treatment or care until transfer is effectuated |
Immunity for Attending Physician | No civil, criminal, or professional liability for giving effect to a declaration |
Note: State laws are constantly changing -- contact a South Dakota estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- South Dakota Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
South Dakota Living Wills Laws: Related Resources
Can I Solve This on My Own or Do I Need an Attorney?
- Complex wills & estate planning situations usually require a lawyer
- A lawyer can reduce the chances of a legal dispute
- DIY is possible in some simple cases
- You can always have an attorney review your form
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.
Stay up-to-date with how the law affects your life

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.