Updated August 3, 2026. Quick answer: South Dakota accepts two adult witnesses or a notary, allows someone else to sign for you at your direction, and — unusually — requires the declaration to state your preference on artificial nutrition and hydration. A declaration that is silent on that point does not meet the statute.
The execution box
- Who may execute: a competent adult.
- Signature: by the declarant, or by another at the declarant’s direction.
- Route A: witnessed by two adults.
- Route B: a notary public, who then notarises it.
- Mandatory content: a statement of preference on artificial nutrition and hydration.
What the statute says
A competent adult may at any time execute a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or by another at the declarant’s direction, and witnessed by two adults, or by a notary public who shall thereafter notarize the declaration. A declaration must state the declarant’s preferences regarding the provision, withholding, or withdrawal of artificial nutrition and hydration.
— SDCL §34-12D-2 (subsections joined for readability; no words added)
Three things worth noticing
1. Signature by proxy is allowed. “Signed by the declarant, or by another at the declarant’s direction” — which matters for someone who is competent to decide but physically unable to sign. Many states have no such provision.
2. The witness rule is unusually simple. Two adults. This section sets out no list of disqualified people — no exclusion of relatives, heirs or care staff on its face. That is markedly different from neighbouring states, and it means the practical obstacle other states create simply is not present here.
3. The nutrition statement is not optional. “A declaration must state the declarant’s preferences regarding the provision, withholding, or withdrawal of artificial nutrition and hydration.” A generic out-of-state form that omits it does not satisfy South Dakota.
There is a statutory form, and it is optional
A declaration may, but need not, be in the following form: LIVING WILL DECLARATION This is an important legal document. A living will directs the medical treatment you are to receive in the event you are in a terminal condition and are unable to participate in your own medical decisions…
— SDCL §34-12D-3
“May, but need not” — so a different format is permitted, provided the execution requirements and the mandatory nutrition statement are met.
This is the medical instrument, not the financial one
It covers health care decisions only. It does not let anyone pay a bill, reach an account or manage property — that is a financial power of attorney, a separate document with its own execution rules. Families routinely find the gap at the worst possible moment.
Power of attorney requirements by state
What could not be verified
We have quoted sections 34-12D-2 and 34-12D-3 and drawn definitions from 34-12D-1. We have not covered revocation, the duties of an attending physician who will not comply, the durable power of attorney for health care under a different chapter, or how the declaration interacts with a pregnancy. Whether a court would read disqualifications into “two adults” from elsewhere in South Dakota law is beyond what the section itself says.
Related: advance directive requirements by state.
General information drawn from state statutes and official state or court forms, not legal advice. These instruments are governed by the law of the state where the property sits or the document is signed, and formalities differ from state to state — execution, witnessing and recording requirements are the parts that void a document when they are missed. Your own state’s current statute governs.