South Dakota Revocation of Statutory Living Will
What is this form?
The Revocation of Statutory Living Will is a legal document that formally cancels a previously executed living will. A living will outlines your preferences regarding medical treatment in situations where you may be unable to express them yourself. This revocation specifically addresses the wishes expressed in the original living will, allowing you to change your directives about life-sustaining procedures.
Key components of this form
- Declarant information: Name and signature of the individual revoking the living will.
- Date of original living will: When the previous living will was executed.
- Statement of revocation: Clear declaration that the previous living will is being revoked.
- Notification clause: Instructions on providing notice to all parties who received the original living will.
- Date of revocation: The date on which this document is signed and executed.
When to use this document
You should use the Revocation of Statutory Living Will if your medical wishes change after creating the original living will. Common scenarios include changes in your health condition, shifts in personal beliefs, or a change in your relationships with medical decision-makers. This form ensures that your current preferences are legally recognized and respected.
Who this form is for
- Individuals who want to alter their medical directives stated in a living will.
- Persons who have experienced a change in health status or personal wishes regarding life-sustaining treatment.
- Those seeking to ensure their current healthcare preferences are clearly communicated and legally binding.
Steps to complete this form
- Identify yourself as the Declarant by providing your full name.
- Enter the date on which your original living will was created.
- Clearly state your intention to revoke the previous living will.
- Provide the date on which you are signing the revocation.
- Sign the form and print your name to validate the document.
- Notify all relevant parties that received the original living will of the revocation.
Notarization guidance
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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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 notify all parties who received the original living will.
- Not signing and dating the form properly.
- Using outdated versions of the form.
Advantages of online completion
- Easy and convenient access to your legal documents without needing to visit an office.
- Edit and customize the revocation form in real-time to fit your specific needs.
- Immediate download options allow for quick completion and submission.
Legal use & context
- The revocation is legally effective in South Dakota, per state laws regarding living wills.
- It's important that the form is clear and unambiguous to avoid future disputes regarding your healthcare wishes.
- Revoking a living will should be done with careful consideration and, if needed, with professional legal advice.
Quick recap
- This form cancels any prior living wills you have executed.
- It is important to complete this form correctly to ensure your current healthcare preferences are honored.
- Always inform relevant parties about the revocation for clarity and legal effectiveness.
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FAQ
No. You can make your own will in South Dakota, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his conscious presence, by his direction.
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.
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.
Will my living will ever expire? Your living will remains effective for as long as you live, unless you intentionally revoke it or the courts get involved (e.g., someone challenges whether you had capacity to make the document, or a court questions whether your document meets the state's requirements).
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.
As long as it was properly signed and witnessed by two adult independent witnesses who are present at the time you sign your will, it should be legally binding.Using the wrong wording could mean that your instructions aren't followed, or even that your will isn't valid.
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.
