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South Dakota Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 59-7-2.1, et seq. Termination of Agency |
| Specific Powers, Life-Prolonging Acts | Any health care decisions for principal which principal could have made if s/he had decisional capacity including rejection or withdrawal of consent for medical procedures, treatment, or intervention. Agent may not authorize withholding artificial nutrition and hydration for comfort care or pain relief. Artificial nutrition or hydration may be withheld under certain circumstances or if specifically authorized. |
| Legal Requirements for Durable Power of Attorney | Specific intent must be included in document for durable power of attorney to extend even when principal is disabled but life-sustaining treatment must be given to a pregnant woman unless live birth unlikely to a reasonable degree of medical certainty. |
| Revocation of Durable Power of Attorney | Revocation must be recorded with register of deeds |
| Validity from State-to-State | - |
| If Physician Unwilling to Follow Durable Power of Attorney | - |
| Immunity for Attending Physician | No civil, criminal, or professional liability for physician acting in good faith on a health care decision by agent or attorney-in-fact |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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