South Dakota Medical Power of Attorney Form


A South Dakota medical power of attorney assigns a trustworthy person (the agent) to make medical decisions for another person (the principal) if they cannot communicate. This form allows the principal to choose whether or not they want artificial nutrition and hydration. They can leave special instructions for the agent, as well. For example, they may have specific wishes for surgery, medication, or treatment.

By taking on this role, the agent agrees to follow the wishes of the principal, even if they (or a physician) feel that another course of treatment would be better. A physician must confirm that the principal can no longer make decisions for themselves before the agent has authority. 

The principal can review this document with a professional or a lawyer before signing. Discussing it with a third party verifies that they have filled out each section of the form correctly. The principal can include additional forms, as well. For example, they may attach a do-not-resuscitate (DNR) order, which informs the physician not to perform cardiac resuscitation (CPR). They can also add other documents that convey their wishes if they become incapacitated.

Laws: § 34-12C§ 34-12D and § 59-7

Signing requirements (§ 59-7-2.1) (§ 34-12D-2): Two (2) witnesses and Notary Public must be present during the signing.