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Free South Dakota Medical Power of Attorney Form

A South Dakota medical power of attorney is a durable power of attorney for health care decisions. Build yours with our customizable template and choose among witness, notary, and video-witness options.

  • Download as PDF and Word
  • E-sign included

How It Works

1

Select Your Template

Choose the state or form type you need to start.

2

Fill In Your Details

Answer a few simple questions to customize your form.

3

Get Your Form

Download or print your custom document in PDF or Word.

What Is a Medical Power of Attorney in South Dakota?

South Dakota calls this a durable power of attorney for health care, governed by SDCL § 59-7-2.1. You can designate any other person as your agent, and that agent can make any health care decision while you lack capacity.

South Dakota Requirements Under SDCL 59-7-2.1

The statute keeps the rules short.

Who Can Be Your Agent

South Dakota lets you designate any other person as your attorney-in-fact or agent for health care decisions. Section 59-7-2.1 itself lists no category of people who are barred from serving, so choose someone you trust to follow your wishes.

How It Must Be Signed

You sign it yourself, or another person signs your name in your conscious presence and at your direction.

Witnesses or a Notary

The signature on your South Dakota medical power of attorney must be witnessed by two other adults or by a notary public.

When It Applies

Your agent can make health care decisions at any time you lack capacity.

Can Witnesses Join by Video in South Dakota?

Yes. A 2022 law added that a durable power of attorney for health care is validly signed when two other adults witness it in your electronic presence. The same law allows electronic-presence witnessing for a South Dakota living will declaration.

That option helps if your witnesses are far away or you are in a hospital. Set up a clear video connection so both witnesses can see you sign your South Dakota medical power of attorney.

Your Living Will Is a Separate Document

South Dakota keeps living wills under a different chapter, SDCL 34-12D, as a “declaration.” If you want written end-of-life instructions in addition to naming an agent, complete a declaration too.

How to Sign Your South Dakota Medical Power of Attorney

Complete your South Dakota medical power of attorney form using these steps:

  1. Name your agent and an alternate.
  2. Add any instructions or limits on your agent’s decisions.
  3. Choose two adult witnesses, a notary, or witnesses by video.
  4. Sign, or have someone sign your name in your conscious presence at your direction.
  5. Have the witnesses or notary complete their part.
  6. Share copies with your agent and your doctors.

What to Include in Your South Dakota Form

Section 59-7-2.1 does not set out a fill-in form for this document. A clear South Dakota health care power usually includes:

  • Your agent and any alternates
  • A statement that the agent may make health care decisions while you lack capacity
  • Any specific instructions or limits
  • Signature lines for you and your witnesses, or a notary block

Tell your agent where the signed original is, and give your doctor a copy for your chart. If you spend part of the year in another state, bring a copy with you so providers there can see who speaks for you.