Living Wills & Advance Directives in South Dakota

Attorney-Prepared Healthcare Documents Built for South Dakota Law

A living will tells your doctors what you want if you can no longer speak for yourself. A durable power of attorney for health care names someone to make medical decisions on your behalf. Together, these two documents form a complete advance directive under South Dakota law, and preparing them correctly matters more than most people expect. Generic forms from other states are unlikely to meet South Dakota’s specific statutory requirements, and the South Dakota Attorney General’s office recommends that living wills be prepared by an attorney to ensure individual needs are addressed.

At Aspen Legacy Planning, attorney Stephen J. Wesolick guides clients throughout South Dakota through the preparation of these documents as part of a complete estate plan. Our practice has focused on estate planning and elder law since 2006, with over 30 years of legal experience behind every client engagement.

Schedule a no-obligation consultation to discuss your living will and advance directive options in South Dakota. Call us today at (605) 610-4016.

What South Dakota Law Requires for a Valid Advance Directive

South Dakota requires two separate documents to form a valid advance directive. The first is a Living Will Declaration, governed by South Dakota Codified Laws §§ 34-12D-1 through 34-12D-29. The second is a Durable Power of Attorney for Health Care, governed by §§ 34-12C-1 through 34-12C-9 and § 59-7-2.1. Each document serves a distinct purpose with its own signing requirements.

Living Will Declaration

Under § 34-12D-2, a valid Living Will Declaration must be signed before two witnesses, or before a notary public and one witness. Witnesses can’t be the healthcare provider, their employees, or any relative, heir, or beneficiary of the principal. The declaration takes effect when the attending physician and one other physician determine that the principal is in a terminal condition and can no longer make decisions about life-sustaining treatment.

Durable Power of Attorney for Health Care

The Durable Power of Attorney for Health Care operates on a broader timeline. It authorizes your chosen healthcare agent to make all healthcare decisions any time you lack capacity, not only at end of life. One often-overlooked requirement under South Dakota law: artificial nutrition and hydration won’t be withheld or withdrawn unless you explicitly state that wish in the document or expressly authorize your agent to direct it. That provision must be intentional and clearly drafted.

How We Prepare These Documents for South Dakota Clients

Our process begins with a conversation. We take time to understand your health situation, your values, and the person you want making decisions if you can’t. From there, we prepare documents that reflect your actual wishes, not a form adapted from another state’s requirements.

Every engagement at Aspen Legacy Planning follows our Forward Development Process (FDP), a structured approach where you know exactly what to expect at each stage and what the costs will be before work begins. We charge fixed fees for document preparation, with no surprises. We accept Visa, MasterCard, and Discover for your convenience.

Living wills and advance directives aren’t one-time documents. Your wishes may change, your health may change, or the person you named as healthcare agent may no longer be available. Under South Dakota law, you may amend or revoke a living will at any time and in any manner, without regard to your mental or physical condition. Our Client Maintenance Program, available for a small annual fee, includes routine amendments and updates to keep your documents current. We also schedule review meetings every two to three years to help keep your full estate plan aligned with what you want.

Why South Dakota Families Choose Aspen Legacy Planning

Attorney Stephen J. Wesolick holds an AV Distinguished rating from Martindale-Hubbell, the highest level of professional excellence that rating body confers. Our practice is rooted in Rapid City and western South Dakota, and our guidance reflects how South Dakota law and local processes work.

Our affiliation with InterActive Legal gives us access to current strategies in estate and elder law as those areas continue to evolve. Clients consistently describe our approach as caring, ethical, and clear. Estate planning, probate, trust administration, and elder law are where our work is concentrated, and living wills and advance directives are a core part of that practice.

Start Your Advance Directive Planning Today

Incapacity planning works only when it’s in place before it’s needed. Once a person loses the ability to make decisions, the opportunity to designate an agent or record healthcare wishes is gone. A no-obligation consultation gives you a clear picture of your options under South Dakota law and a straightforward path to documents that say what you mean.

We offer consultations in person, by phone, or by video. Call (605) 610-4016 or contact us online to schedule your consultation with Aspen Legacy Planning.