What rights does an unmarried mother have in South Dakota?

The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal, mental, and moral welfare.

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South Dakota Revocation of Statutory Living Will

Dakota Codified Laws For Unmarried Parents

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 is a key legal form under the Dakota codified laws for unmarried parents, specifically referencing South Dakota Codified Laws § 34-12D-3 and § 34-12D-8. This form allows individuals, referred to as Declarants, to formally revoke a previously executed Living Will Declaration at any time, regardless of their mental or physical condition. The form requires the Declarant to fill in personal details, including the date of revocation and their signature, ensuring that all parties who received the original declaration are notified. This form is particularly useful for unmarried parents who may want to amend their healthcare decisions as their circumstances change. It empowers users to maintain control over their healthcare choices in the event of a terminal condition. For attorneys, paralegals, and legal assistants, this form serves as a crucial document in the estate planning toolkit, offering a straightforward process for managing revocations. Additionally, it can aid partners and associates in understanding the implications of living wills within family law contexts, ensuring that irrespective of marital status, individuals can effectively manage their health care wishes.

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

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FAQ

South Dakota law encourages joint custody between parents. Courts determining custody arrangements are also able to modify or vacate their decisions at any time, allowing for continued supervision of a child and their parents.

21-16-2. Notice to quit required before commencement of proceedings--Service and return.

The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal, mental, and moral welfare.

However, the father of a child born out of wedlock is still able to obtain custody of the child, as long as the court finds it would be in the child's best interests.

If an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence shall, provide reasonable written notice by certified mail or admission of service to the other legal parent of the ...

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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.

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.

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 Unmarried Parents

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Dakota Codified Laws For Unmarried Parents

Description

Related forms

Viewed forms

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

Form popularity

FAQ

Is South Dakota a 50 50 state with child custody?

What is South Dakota codified law 21 16 2?

What rights does an unmarried mother have in South Dakota?

What rights do unmarried fathers have in South Dakota?

Can a mother move a child away from the father in South Dakota?

Dakota Codified Laws For Unmarried Parents Related Searches

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