South Dakota Living Will Form

The South Dakota living will is a legal document that would be completed by any person (Principal) in the event that the Principal may be placed in a position that may leave the Principal unable to communicate their wishes for their personal health care. With this form, they will have legally recorded how the Principal would like their medical treatments, additions and/or withdrawals should be carried out by their medical team. This document will also provide the opportunity for the Principal to assign an Agent, who may speak on behalf of the Principal if the individual would prefer. Once completed, this document will require two witnesses or notarization. As long as the Principal is of sound mind, they may make changes or revoke the document as they choose.

Laws – 34-12D-1, et seq. Living Wills

How to Write

Step 1 – The Principal must download the form –

  • Begin by reading and understanding the first three paragraphs of the document

Step 2 – Section Dedicated to Physician, Family and Other Interested Parties –

  • Submit the Principal’s name
  • Read the statements. Select and initial only one that best reflects the Principal’s wishes
  • If none of the statements apply or if the Principal would like to add write their own or add instructions, enter the information on the lines provided

Step 3 – Artificial Nutrition and Hydration –

  • Read the statements and initial only one that best indicates the Principal’s choices

Step 4 – Signatures and Notarization –  Submit the following in the presence of one another and a notary public:

Principal’s (Declarant) Signature –

  • Date the signature
  • Enter Principal’s signature
  • Complete address
  • Date of Birth in mm/dd/yyyy format
  • Type or print Principal’s name

Witnesses – After the Principal provides their signature before the witnesses, submit:

  • Witnesses Signatures
  • Witnesses Addresses

Notarization –

  • Once the Principal and Witnesses have submitted their signatures, the notary public shall record the signatures and acknowledge the signed document by completing and signing the notary section of the document and affixing their seal or stamp