In South Dakota, a complete Advance Directive requires the completion of two additional forms: a "Living Will Declaration" and a "Healthcare Power of Attorney" (a.k.a. Health Care Proxy).
You and two (2) witnesses must sign your SD Advance Directive in order for it to be considered genuine.
You and two (2) witnesses must sign your SD Advance Directive in order for it to be considered genuine.
South Dakota Advance Directive Form
Information Required for Naming a Health Care Proxy:
You and two (2) witnesses are need to sign your SD Advance Directive in order for it to be legitimate. Witnesses CAN NOT be:
You and two (2) witnesses are need to sign your SD Advance Directive in order for it to be legitimate. Witnesses CAN NOT be:
- The individual designated as Health Care Power of Attorney with Lasting Effect (a.k.a. Health Care Proxy)
- Your health care provider or a health care provider employee
- Not a blood, marriage, or adoption relative
- To one's knowledge, nor a creditor of the principal nor entitled to a portion of the estate under an existing will or by operation of law.
Other resources for South Dakota:
Death Certificates
Digital Estate Planning Laws:
Law: HB1080 Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Signed by Govenor on March 6, 2017; Effective July 1, 2017.
Death With Dignity Legislation (a.k.a. Aid-In-Dying or Physician-Assisted Death)
Organ Donation Registries
South Dakota Organ Donation registry official link.
POLST (Physician Orders for Life Sustaining Treatment) Form
South Dakota doesn’t currently have a POLST program (check the status here).
Probate Laws
Title 29A: Uniform Probate Code
Estate And Inheritance Tax Rate
Death Certificates
Digital Estate Planning Laws:
Law: HB1080 Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Signed by Govenor on March 6, 2017; Effective July 1, 2017.
Death With Dignity Legislation (a.k.a. Aid-In-Dying or Physician-Assisted Death)
- South Dakota has no legislation
Organ Donation Registries
South Dakota Organ Donation registry official link.
POLST (Physician Orders for Life Sustaining Treatment) Form
South Dakota doesn’t currently have a POLST program (check the status here).
Probate Laws
Title 29A: Uniform Probate Code
Estate And Inheritance Tax Rate
- South Dakota has no estate tax or inheritance tax