Healthcare directive requirements
South Dakota
What you need to create a valid advance healthcare directive in South Dakota.
Notarization
Alternative
Witnesses or notary accepted
Witnesses required
2
South Dakota requires 2 witnesses
Online notary
Authorized
Since 2020
Execution requirements
Notarization — Alternative accepted
Acknowledged before a notary public — S.D. Codified Laws §34-12D-2
Witnesses — 2 required
South Dakota requires 2 witnesses for a valid healthcare directive. Witnesses cannot be your healthcare agent.
Written and signed
The directive must be in writing and signed by you while of sound mind and at least 18 years old.
Distribute copies
Provide signed copies to your healthcare agent, primary care physician, and any hospital or care facility. Keep the original somewhere accessible.
South Dakota-specific notes
What a healthcare directive covers
A healthcare directive (advance directive) lets you document your medical wishes and name someone to make decisions if you cannot speak for yourself. It typically covers:
- •Who makes medical decisions on your behalf (healthcare proxy / agent)
- •Life-sustaining treatment preferences
- •Artificial nutrition and hydration
- •Palliative care and comfort measures
- •Organ and tissue donation
- •Resuscitation (CPR) preferences
This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in South Dakota for guidance specific to your situation.