Free Printable South Dakota Advance Directive & Requirements
Medical care instructions if you become incapacitated
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ADVANCE DIRECTIVE FOR HEALTHCARE State of South Dakota PART I — APPOINTMENT OF HEALTHCARE AGENT I, [YOUR NAME], of [ADDRESS], South Dakota SD, appoint the following person as my Healthcare Agent: Agent Name: [AGENT NAME] Address: [AGENT ADDRESS] Phone: [PHONE] Alternate Agent: [ALTERNATE NAME] Address: [ALTERNATE ADDRESS] Phone: [PHONE] My Healthcare Agent is authorized to make all healthcare decisions for me when I am unable to do so, including decisions about life-sustaining treatment. PART II — INSTRUCTIONS FOR HEALTHCARE If I am terminally ill or permanently unconscious: [ ] I DO want life-sustaining treatment [ ] I DO NOT want life-sustaining treatment [ ] I want treatment only if my doctor believes it will improve my condition Artificial Nutrition and Hydration: [ ] I DO want artificial nutrition and hydration [ ] I DO NOT want artificial nutrition and hydration Pain Management: I want all measures taken to keep me comfortable and free from pain, even if such measures hasten my death. Organ Donation: [ ] I wish to donate my organs and tissues [ ] I do not wish to donate my organs PART III — GENERAL PROVISIONS This directive is made in accordance with South Dakota law (SD Statutes). It shall remain in effect until revoked. DECLARANT SIGNATURE: _____________________ DATE: _____ WITNESS 1: _____________________ DATE: _____ WITNESS 2: _____________________ DATE: _____ NOTARY (if required in South Dakota): Subscribed and sworn before me this ___ day of _______, 20__. Notary Public: _____________________
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Advance Directive template for South Dakota has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
South Dakota Advance Directive Requirements
Review the following requirements to ensure your Advance Directive is legally valid in South Dakota.
South Dakota Notarization
While notarization may not be required in South Dakota, it is recommended. Fees range from $10.
Before You Sign
Review all information carefully. In South Dakota, a 4.5% sales tax may apply.
Legal Protection
Keep copies of all signed documents. South Dakota law requires all parties to receive copies of executed documents.
South Dakota Filing Deadlines
Check South Dakota deadlines for filing or recording this document with the appropriate county clerk's office.
FAQ: Advance Directive in South Dakota
Is a Advance Directive required in South Dakota?
Yes, in South Dakota, a Advance Directive is required for most transactions of this type. Under South Dakota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Advance Directive may result in legal complications.
Does a Advance Directive need to be notarized in South Dakota?
Notarization requirements in South Dakota (SD) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Advance Directive in South Dakota?
South Dakota has a base sales tax rate of 4.5%. Depending on the type of transaction documented in your Advance Directive, additional local taxes may apply. Consult with a South Dakota tax professional for specific guidance on your situation.
Is an advance directive the same as a living will?
An advance directive is a broader document that typically includes both a living will (treatment preferences) and a healthcare power of attorney (appointing a decision-maker). Some states combine these into one form.
When does an advance directive take effect?
An advance directive takes effect only when you are unable to communicate your own healthcare decisions, typically due to unconsciousness, severe illness, or cognitive impairment. Your doctor must determine you lack decision-making capacity.
Do hospitals have to follow my advance directive?
Yes, healthcare providers are legally required to follow valid advance directives in all states. However, a provider may refuse on moral grounds but must transfer your care to another provider who will honor your wishes.
South Dakota Advance Directive Legal Guide
This legally binding document in South Dakota serves as official proof of transaction and is recognized by courts and government agencies.
In South Dakota, according to South Dakota State Code, a 4.5% sales tax applies to applicable transactions. Notary fees in SD typically range from $10. A single witness signature is sufficient under state law.
This document offers comprehensive legal protection tailored specifically to South Dakota's unique statutory framework.
Avoid These Common Mistakes
South Dakota attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with SD law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when South Dakota law changes
Enforceability in South Dakota
A Advance Directive that meets all SD requirements is fully enforceable in South Dakota. Courts in South Dakota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Step-by-Step Process
1. **Download the template** — Our South Dakota-specific form includes all fields required by SD law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to South Dakota's signature requirements.
5. **Notarize if needed** — Some South Dakota transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate South Dakota office if required.
SD Compliance Checklist
Before finalizing your Advance Directive, verify that it meets South Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SD statute
A Advance Directive that meets all SD requirements is fully enforceable in South Dakota. Courts in South Dakota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Step-by-Step Process
1. **Download the template** — Our South Dakota-specific form includes all fields required by SD law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to South Dakota's signature requirements.
5. **Notarize if needed** — Some South Dakota transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate South Dakota office if required.
SD Compliance Checklist
Before finalizing your Advance Directive, verify that it meets South Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SD statute
Before finalizing your Advance Directive, verify that it meets South Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SD statute
Advance Directive Costs in South Dakota
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | South Dakota standard rate: $10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in South Dakota |
| Sales Tax | 4.5% | South Dakota base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Where to File Your Advance Directive in South Dakota
Visit your local County Clerk office to file or notarize your Advance Directive.
South Dakota County Clerk
South Dakota Capital
Main Government Building, South Dakota
District County Clerk
South Dakota Metro Area
County Courthouse, SD
Other Forms in South Dakota
Advance Directive in Neighboring States
Document Information
- Document
- Advance Directive
- State
- South Dakota (SD)
- Category
- Estate Planning
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 4.5%
- Notary Fee
- $10
South Dakota Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in South Dakota may change. Consult a licensed attorney for advice specific to your situation.