South Dakota Medical Power of Attorney Form

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A South Dakota Medical Power of Attorney (Durable POA for Health Care) is a standard legal document that carries an important purpose: to enable an individual (a party referred to as the Principal) to nominate an individual they trust (their Agent) to represent their medical wishes when they are unable to. In the words of state law, specifically § 59-7-2.1, this legal document makes it possible for the Principal to “authorize the Attorney-in-Fact to consent to, to reject, or to withdraw consent for health care, including any care, service, or procedure to maintain, diagnose, or treat a person’s physical or mental condition.”

State Laws & Signing Requirements

State Laws – Title 59, Agency

Signing Requirements (§ 59-7-2.1) – It is a state law requirement that a Medical Power of Attorney is signed by the Principal in front of two (2) other adult individuals or a Notary Public. Another person may sign the Principal’s name in their conscious presence as long as the Principal directed them to do so.