Do I Need to Have My South Dakota Living Will Witnessed or Notarized?

In South Dakota, you must sign your living will and health care power of attorney in front of two witnesses.

In South Dakota, you may describe your wishes for health care in a living will and medical power of attorney. In your living will, you may describe and document the kind of health care you would like to receive if you can no longer speak for yourself. In your durable power of attorney for health care, you may name a trusted person (called your health care agent) to make health care decisions on your behalf in case you are no longer able to do so.

Sign Your South Dakota Health Care Directives in Front of Two Witnesses

After you make your documents, you and two witnesses must sign each of them. Your witnesses must be at least 18 years old, and the person you name as your health care agent should not be a witness.

You may also have your living will notarized, though notarization is optional.

What to Do With Your Signed Health Care Documents

After your documents are signed and witnessed, they are legally valid. Keep the originals in your files and give a copy to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. You might also consider giving copies of your documents to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your documents every few years to make sure that they still reflect your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your health care agent is no longer able to supervise your wishes.

Your properly finalized documents will stay in effect until you revoke them, if you ever choose to do so. You can revoke your documents at any time. The best way to revoke is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your health care documents that you have revoked them.

More Information

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about South Dakota Living Wills and Durable Powers of Attorney for Health Care.

When you make a health care directive with Quicken WillMaker Plus, it will conform to South Dakota law. It will also print with plain English instructions that tell you how to make it legal. 

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