South Dakota Healthcare Laws
Under South Dakota law, a partner may make medical decisions for an incapacitated same-sex partner as a "close friend". A number of other people, including adult children, parents, and adult siblings, have priority ahead of the same-sex partner, however. § 34-12C-3.A competent adult may at any time execute a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be signed by the declarant, or another at the declarant's direction, and witnessed by two adult individuals. § 34-12D-2. An adult may also create a health care agent through a power of attorney. The power of attorney must specifically state that the agent is to continue acting if and when the declarant becomes incapacitated. § 59-7-2.1.
Citation: Health Care Consent Procedures: S.D. Codified Laws §§ 34-12C-1 to 34-12C-8; Living Wills: S.D. Codified Laws §§ 34-12D-1 to 34-12D-29 and Agency: S.D. Codified Laws §§ 59-2-1 to 59-7-2.5
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Last Updated: 4/30/2008