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A South Dakota Living Will is a document that allows an individual to make their own decisions in regards to the type of care they receive if they ever fall into an incapacitated or terminally ill state and can no longer communicate their wishes. In South Dakota, Chapter 32 of the South Dakota Code specifies that all living will documents must be written by a competent adult, signed by the Declarant and witnessed by two (2) adults. Additionally, these documents may be witnessed by a notary public. However, these documents clarify that a living will may dictate which life-prolonging procedures the Declarant will be subject to, as long as they are not pregnant and likely to have a live birth. Additionally, a living will can be revoked at any time without regard to the Declarant's mental state.
The first piece of information that a Declarant will provide to complete their living will document will be their own identifying details. These details will include their name, address, gender, and telephone number. Next, the Declarant will provide information on their Advocate by providing his or her full name, address, and a reliable contact number. The next section will detail which life-prolonging procedures the Declarant will and will not consent to. These procedures will detail things like CPR, feeding and hydration tubes, and so forth. This section will also include information on the Declarant's primary physician and any anatomical donation wishes. Once the Declarant has completed the living will, he or she will sign it in the presence of two (2) witnesses so it may be made a part of their medical records.