Dakota Codified Laws For 2018

Q: How do you cite South Dakota codified law?

Citation of code. The code enacted into law by 2-16-13, and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as the South Dakota Codified Laws and may be cited as &quot;SDCL&quot; followed by the number of the title, chapter, or section, as appropriate.

Q: What is South Dakota codified law 22 18?

Source: SL 2021, ch 93, 1. 22-18-4. Force--Defense of person. A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other&#039;s imminent use of unlawful force.

Category:

Power of Attorney - Healthcare - Revocations

State:

South Dakota

Control #:

SD-P023B

Format:

Instant download

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Description

The Revocation of Living Will Declaration form, as outlined in the South Dakota codified laws for 2018, allows individuals to formally rescind previously established health care directives. This legal instrument gives the declarant the right to revoke their Living Will at any time, as stated in South Dakota Codified Laws § 34-12D-8, regardless of their mental or physical state. Key features include a clear structure for identifying the declarant, the date of revocation, and space for signatures. It is essential for ensuring that health care decisions reflect the current wishes of the individual, especially in situations where they cannot communicate their preferences. Filling out this form requires the declarant to provide their name, address, and the date of revocation. The target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, can utilize this form to aid clients in maintaining control over their health care decisions. This document functions as a critical tool in estate planning and health care management, ensuring clarity and preventing confusion regarding the expression of medical wishes. Moreover, this form can be easily distributed to all previously designated health care agents, reinforcing the declarant's current choices.

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How to fill out South Dakota Revocation Of Statutory Living Will?

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FAQ

False reporting to authorities is a Class 1 misdemeanor.

Citation of code. The code enacted into law by § 2-16-13, and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as the South Dakota Codified Laws and may be cited as "SDCL" followed by the number of the title, chapter, or section, as appropriate.

Unknown claims not released by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Source: SL 2021, ch 93, § 1. 22-18-4. Force--Defense of person. A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force.

Recording of certificate of trust--Reliance upon content. A certificate of trust executed under § 55-4-51 may be recorded in the office of the register of deeds with respect to land described in the certificate of trust or any attachment to it.

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Revocation of Statutory Living Will

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE SOUTH DAKOTA STATUTES

REVOCATION OF LIVING WILL DECLARATION

General Information (Â§ 34-12D-1)

An "attending physician" is the physician who has primary responsibility for the treatment and care of the patient.

A "declaration" is a writing executed in accordance with the statutory requirements.

A "health-care provider" is any person who is licensed, certified or otherwise authorized by law to administer health care in the ordinary course of business or practice of a profession, including any person employed by or acting for any such authorized person.

"Life sustaining treatment" is any medical procedure or intervention that, when administered to a qualified patient, will serve only to postpone the moment of death or to maintain the patient in a condition of permanent unconsciousness. The term does not include the provision of appropriate care to maintain comfort, hygiene and human dignity, the oral administration of food and water, or the administration of any medication or other medical procedure deemed necessary to alleviate pain.

A "qualified patient" is an adult individual who has executed a declaration and who has been determined by the attending physician and one other physician to be in a terminal condition.

A "terminal condition" is an incurable and irreversible condition that, in accordance with accepted medical standards, will cause death within a relatively short time if life sustaining treatment is not administered, or a coma or other condition of permanent unconsciousness that, in accordance with accepted medical standards, will last indefinitely without significant improvement and in which the individual is unable to communicate verbally or nonverbally, demonstrates no purposeful movement or motor ability, and is unable to interact purposefully with environmental stimulation.

Execution of Declaration (Â§ 34-12D-2)

A declaration must be signed by the declarant, or another at the declarant's direction, and witnessed by two adult individuals. The signing may be in the presence of a notary public who shall thereafter notarize the declaration.

A declaration should state the declarant's preferences regarding whether the declarant wishes to receive or not receive artificial nutrition and hydration. If the declaration does not state the declarant's preferences with respect to artificial nutrition and hydration, whether artificial nutrition and hydration is to be provided, withheld, or withdrawn shall be governed by the law of South Dakota which would apply in the absence of a declaration.

Form (Â§ 34-12D-3)

A declaration is not required to be in the form provided in the statute.

Conflicts in Documents (Â§ 34-12D-4)

If an individual has executed both a declaration and a durable power of attorney for health care, the later executed document shall control to the extent that its provisions conflict with the provisions of the earlier executed document. There is no statutory presumption that an attorney in fact may not participate in the implementation of a declaration.

When Declaration Operative (Â§ 34-12D-5)

A declaration becomes operative when the declarant is determined by the attending physician and one other physician to be in a terminal condition and no longer able to make decisions regarding administration of life sustaining treatment. If the declaration becomes operative, the attending physician and other health-care providers shall act in accordance with the declaration.

Right to Make Decisions (Â§ 34-12D-6)

A qualified patient may make decisions regarding life sustaining treatment so long as the patient is able to do so.

Revocation (Â§ 34-12D-8)

A declarant may revoke a declaration at any time and in any manner without regard to the declarant's mental or physical condition.

A revocation is effective upon communication to the attending physician or other health-care provider. The attending physician or health-care provider must make the revocation a part of the declarant's medical record.

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Revocation of Statutory Living Will

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE SOUTH DAKOTA STATUTES

REVOCATION OF LIVING WILL DECLARATION

General Information (Â§ 34-12D-1)

An "attending physician" is the physician who has primary responsibility for the treatment and care of the patient.

A "declaration" is a writing executed in accordance with the statutory requirements.

A "qualified patient" is an adult individual who has executed a declaration and who has been determined by the attending physician and one other physician to be in a terminal condition.

Execution of Declaration (Â§ 34-12D-2)

Form (Â§ 34-12D-3)

A declaration is not required to be in the form provided in the statute.

Conflicts in Documents (Â§ 34-12D-4)

When Declaration Operative (Â§ 34-12D-5)

Right to Make Decisions (Â§ 34-12D-6)

A qualified patient may make decisions regarding life sustaining treatment so long as the patient is able to do so.

Revocation (Â§ 34-12D-8)

A declarant may revoke a declaration at any time and in any manner without regard to the declarant's mental or physical condition.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Dakota Codified Laws For 2018

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Dakota Codified Laws For 2018

Description

Related forms

Viewed forms

How to fill out South Dakota Revocation Of Statutory Living Will?

Form popularity

FAQ

What is the South Dakota codified law for false reporting?

How do you cite South Dakota codified law?

What is Section 20 7 11 of the South Dakota Codified Laws?

What is South Dakota codified law 22 18?

What is South Dakota codified law 55 4 51?

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