South Dakota Statutory Living Will
What is this form?
The Statutory Living Will is a legal document that allows individuals to outline their wishes regarding medical treatment in the event they are unable to communicate due to a terminal condition. This form explicitly states preferences regarding life-sustaining procedures, ensuring that medical personnel and family members are aware of the individual's desires. It differs from other advance directives by focusing specifically on situations where life is being artificially prolonged, allowing for a peaceful, natural passing instead.
Main sections of this form
- Identification of the declarant (individual creating the living will).
- Personal directives concerning the withholding or withdrawal of life-sustaining procedures.
- Instructions regarding artificial nutrition and hydration.
- Signature lines for the declarant, two witnesses, and a notary public.
- Options to include alternative instructions reflecting individual wishes.
When to use this form
This form should be used if you want to ensure your medical treatment preferences are respected in case you are in a terminal condition and cannot communicate your decisions. It is particularly useful during critical medical situations where life-sustaining treatments are being considered, allowing you to express whether you want such measures taken or withheld.
Who should use this form
- Adults who want to plan for their future healthcare wishes.
- Individuals diagnosed with a serious illness or facing an upcoming surgery.
- Anyone who wants their family to understand their preferences about life-sustaining procedures.
- Persons who wish to ensure their wishes are legally documented and followed in critical health scenarios.
How to prepare this document
- Identify yourself as the declarant at the beginning of the document.
- Clearly indicate your choices regarding life-sustaining treatments by checking the appropriate boxes.
- Provide any additional instructions in the space provided, if you choose not to select the pre-written options.
- Specify your preferences regarding artificial nutrition and hydration.
- Sign the document in the presence of two witnesses and a notary public to ensure its validity.
Notarization requirements for this form
Yes, this form must be notarized to be legally valid. This ensures the authenticity of the signatures and the document itself. US Legal Forms offers integrated online notarization services, allowing you to complete this step securely through a video call at any time.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to sign the document or have the required witnesses and notary present.
- Not reviewing the document periodically to ensure it reflects current wishes.
- Leaving the sections regarding treatment options unanswered or vague.
- Not providing copies to your healthcare provider and family members.
Advantages of online completion
- Convenient access allows for immediate completion and downloading.
- Editable fields enable personalized customization of your wishes.
- Reliable templates drafted by licensed attorneys, ensuring legal compliance.
Legal use & context
- This living will serves as a binding document for medical professionals to follow your specified care preferences.
- It becomes effective when you are unable to communicate your wishes due to a terminal condition.
- Continual review is encouraged to ensure ongoing alignment with your current wishes and medical conditions.
What to keep in mind
- The Statutory Living Will clearly articulates your healthcare preferences in critical situations.
- Proper completion involves careful consideration of your wishes, alongside required signatures and notarization.
- Regularly reviewing and updating the document can ensure it remains aligned with your current health preferences.
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FAQ
Living will. A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation. In determining your wishes, think about your values.
Advance directives are oral and written instructions about future medical care should your parent become unable to make decisions (for example, unconscious or too ill to communicate).A living will is one type of advance directive. It takes effect when the patient is terminally ill.
A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.
Living will. A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation. In determining your wishes, think about your values.
An advance directive is a set of instructions someone prepares in advance of ill health that determines his healthcare wishes. A living will is one type of advance directive that becomes effective when a person is terminally ill.
A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.
Two witnesses and a notary are required for a living will. Medical power of attorney for health care also requires two witnesses and a notary. Declaration to physicians (living will) requires two witnesses, but is not valid if pregnant. Power of attorney for health care requires two witnesses.
A living will becomes effective when your primary physician decides that you can no longer make your own healthcare decisions. If you are ill or injured and cannot express your healthcare wishes, and your doctor certifies this fact in writing, your living will takes effect.
Living Wills are Binding Legal Documents You need to legally outline your wishes in compliance with state law. Your living will needs to cover what you wish to happen if you become terminally ill, permanently unconscious, or unable to convey your own wishes.