Free Printable South Dakota Living Will & Requirements
Healthcare decisions and end-of-life wishes
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LIVING WILL
State of South Dakota
I, [YOUR NAME], being of sound mind, willfully and voluntarily make this Living Will to express my wishes regarding medical treatment.
DECLARANT:
Name: [YOUR NAME]
Address: [ADDRESS]
City, State, ZIP: [CITY], SD [ZIP]
Date of Birth: [DOB]
DECLARATION:
If I am unable to make my own medical decisions and am in a terminal condition or permanent unconscious state, I direct that:
1. LIFE-SUSTAINING TREATMENT
[ ] I DO want life-sustaining treatment
[ ] I DO NOT want life-sustaining treatment
2. ARTIFICIAL NUTRITION AND HYDRATION
[ ] I DO want artificial nutrition and hydration
[ ] I DO NOT want artificial nutrition and hydration
3. PAIN MANAGEMENT
I want all measures taken to keep me comfortable and free from pain.
4. ORGAN DONATION
[ ] I wish to donate my organs
[ ] I do not wish to donate my organs
This Living Will complies with South Dakota advance directive laws (SD Statutes).
DECLARANT SIGNATURE: _____________________ DATE: _____
WITNESS 1: _____________________ DATE: _____
WITNESS 2: _____________________ DATE: _____
NOTARY PUBLIC:
State of South Dakota, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Signature: _____________________
South Dakota Living Will Requirements
Review the following requirements to ensure your Living Will 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.
Michael Chen, Esq.
Real Estate Law Consultant
Bar Certified, Real Estate Expert
Expert in property transactions and real estate documentation
This Living Will template for South Dakota has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Living Will 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 |
South Dakota Living Will Legal Guide
This legally binding document in South Dakota serves as official proof of transaction and is recognized by courts and government agencies.
Under South Dakota State Code, residents of South Dakota must ensure this Living Will complies with all state requirements. The current sales tax rate is 4.5%, and notarization costs between $10. One witness is required in SD.
This document offers comprehensive legal protection tailored specifically to South Dakota's unique statutory framework.
Getting It Done Right in South Dakota
Here's the practical approach: download, fill in your details, get signatures, and handle any SD-required notarization. South Dakota makes the process relatively straightforward, but attention to detail matters. Keep at least two copies — one for each party involved.
Enforceability in South Dakota
A Living Will 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.
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
South Dakota Statutory Requirements
The SD legislature has established specific guidelines for living will documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
A Living Will 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.
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
South Dakota Statutory Requirements
The SD legislature has established specific guidelines for living will documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
The SD legislature has established specific guidelines for living will documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
FAQ: Living Will in South Dakota
Is a Living Will required in South Dakota?
Yes, in South Dakota, a Living Will 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 Living Will may result in legal complications.
Does a Living Will 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 Living Will in South Dakota?
South Dakota has a base sales tax rate of 4.5%. Depending on the type of transaction documented in your Living Will, additional local taxes may apply. Consult with a South Dakota tax professional for specific guidance on your situation.
What is the difference between a living will and a regular will?
A living will addresses medical decisions if you become incapacitated, while a regular will distributes your assets after death. A living will specifies your wishes for life-sustaining treatment, while a will names beneficiaries and an executor.
Do I need witnesses for a living will?
Most states require two witnesses for a living will, and some also require notarization. Witnesses typically cannot be family members, heirs, or your healthcare providers. Check your state's specific requirements for valid execution.
Can I change my living will?
Yes, you can change or revoke your living will at any time while you are mentally competent. You should destroy old copies, create a new document, and provide updated copies to your healthcare providers and designated healthcare agent.
Where to File Your Living Will in South Dakota
Visit your local County Clerk office to file or notarize your Living Will.
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
Living Will in Neighboring States
Document Information
- Document
- Living Will
- 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 Advance Directive Law
- ✓Must be in writing and signed
- ✓Witnesses required (typically 2)
- ✓Notarization may be required
- ✓Must be competent when executing
📊 Living Will vs. Last Will and Testament in South Dakota
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.