What is the difference between a living will and a health care agent in South Dakota?

A advance directive states your treatment preferences for specific situations. A health care agent names a person to make healthcare decisions on your behalf when you cannot. The proxy can handle unexpected situations that a written directive cannot anticipate.

Can I change my advance directive?

Yes. You can revoke or update your advance directive at any time while you have capacity. Notify your healthcare providers and health care agent of any changes and provide updated copies.

Does my advance directive need to be notarized?

South Dakota has specific witness and notarization requirements. Check the statutory form requirements or have an attorney prepare the document to ensure it is valid.

Will my South Dakota advance directive be honored in another state?

Most states honor out-of-state advance directives, but there is no guarantee. If you spend significant time in another state, consider executing a directive that complies with that state's law as well.

What if I don't have an advance directive?

Without an advance directive, medical decisions fall to your next of kin under South Dakota's surrogate decision-making law. This can lead to disagreements, delays, and decisions that may not reflect your wishes. In the worst case, a court may need to appoint a guardian to make medical decisions.

Topic guideUpdated 2026-02-27

South Dakota Advance Directives & Living Wills

Healthcare directives, living wills, and healthcare proxies — making your medical wishes known.

Advance directives let you make your healthcare wishes known before a crisis happens. In South Dakota, the two key documents are a advance directive and a health care agent.

Advance Directive vs. Health Care Agent

	Advance Directive	Health Care Agent
What It Does	States your treatment preferences (life support, resuscitation, feeding tubes)	Names a person to make medical decisions for you
When It Activates	When you cannot communicate your wishes	When you cannot make medical decisions
Who Acts	No one — the document speaks for you	Your chosen agent
Flexibility	Limited — covers only situations you anticipated	High — your agent can respond to unexpected situations
Recommended	Yes	Yes — most important of the two

💡Most estate planning attorneys recommend having both. The advance directive provides clear guidance for common end-of-life scenarios, while the health care agent gives your agent authority to handle situations you could not have predicted.

What a advance directive covers

A advance directive addresses:

Life-sustaining treatment (ventilators, dialysis)
Artificial nutrition and hydration (feeding tubes)
Resuscitation preferences (DNR orders)
Pain management and comfort care
Organ and tissue donation

Choosing a health care agent

Your health care agent should be someone who:

Understands your values and treatment preferences
Can make difficult decisions under pressure
Is willing and able to advocate for your wishes, even against family pressure
Lives nearby or can be reached quickly in an emergency

Name a successor agent in case your first choice is unavailable.

South Dakota law

South Dakota recognizes advance directives and health care agent designations (SDCL § 34-12D-1 et seq.). The directive must be signed and witnessed by two adults. South Dakota provides a statutory form.

✓Make sure your doctors, your health care agent, and your family all have copies of your advance directives. A document locked in a safe deposit box cannot help you in an emergency. Many hospitals also allow you to upload directives to their patient portal.

Prepare for Your Consultation

Quick checklist (Estate Planning)

You can start the intake without all of these.

Existing will or trust

(if any)

Asset summary

(property, accounts, policies)

Family information

(beneficiaries, guardians)

General preparation tips only. Requirements vary by case and state.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating South Dakota attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

Read →

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