The South Dakota medical power of attorney is a legal document that authorizes an agent (or “attorney-in-fact”) to make health care decisions for another individual. This power of attorney only comes into effect if the principal (person who executed the form) becomes incapacitated. The agent is bound by the document to act with the principal’s best interests in mind. Furthermore, they must make these decisions in accordance with medical standards and the opinion of health care professionals.

Agent’s Duties – § 59-7-2.1 and § 59-7-2.5

Signing Requirements (§ 59-7-2.1) – Two (2) Witnesses or a Notary Public

Statutory Form – Not mentioned in state statutes.

State Definition

Statute – § 34-12C-1(2)

“Durable power of attorney for health care,” an instrument executed pursuant to § 59-7-2.1 that authorizes its attorney in fact to make a health care decision or to consent to health care on behalf its principal.