Will.com / Healthcare directive / South Dakota
SD · Living Will Declaration
Make your South Dakota healthcare directive.
Tell doctors what care you want and name someone to speak for you if you can't. Legally valid in South Dakota. Free to create, or add secure online document storage with the $29/year subscription.
South Dakota healthcare directive requirements
How it works
- 1
Answer a few questions
About your care preferences and who you want making decisions.
- 2
Download your healthcare directive
A complete, personalized document, formatted for South Dakota.
- 3
Sign and share
Sign with 2 witnesses OR notarization. Give a copy to your healthcare agent and your doctor.
What governs a South Dakota directive
South Dakota's healthcare-directive statute is at SDCL §59-7-2.1 (Durable Power of Attorney for Health Care); SDCL §34-12D-1 et seq. (Living Will Declaration), sample form at SDCL §34-12D-3. The official form is the Living Will Declaration. Last verified 2026-08. Your directive is valid the moment it's signed under your state's witness and notary rules above; it only takes effect if your physician determines you can't make or communicate decisions yourself.
Who can witness your South Dakota directive
Neither South Dakota section governing this directive disqualifies anyone from serving as a witness. SDCL §59-7-2.1 requires only that the principal's signature be witnessed by two other adult individuals or by a notary public, and SDCL §34-12D-2 requires only that the living will declaration be signed by the declarant, or by another at the declarant's direction, and witnessed by two adults or by a notary public who then notarizes it. Neither section bars a relative, an heir or devisee, the attending physician, an employee of the principal's health care provider or facility, or a person financially responsible for the principal's care. Because §59-7-2.1 calls for two other adult individuals, the witnesses must be persons other than the principal and other than anyone who signs the principal's name at the principal's direction. Two disinterested adults remain sound practice, because a witness with no stake in the outcome is harder to challenge, but South Dakota does not require it.
Two tiers, both private
Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.
Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.
Ready to create your directive?
Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.