Finalizing a Health Care Directive in South Dakota

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

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In South Dakota, your health care directive is will include one or two documents, depending on your wishes.  In your Living Will Declaration,, you can describe and document the kind of health care you would like to receive if you are incapacitated. In your Durable Power of Attorney for Health Care, you can 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.

After you make your documents, you and two witnesses must sign each of them. Your witnesses must be at least 18 years old.

You may also have your declaration notarized, however notarization is optional.

After your documents are signed and notarized, 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. So, 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.

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 all of South Dakota’s laws about living wills and health care powers of attorney. And it will print with plain English instructions that detail how to make it legal. 

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