ENTITLED An Act to address requirements for the execution of a living will.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 34-12D-2 be AMENDED:
34-12D-2. 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.
If the declaration does not state the declarant's preferences regarding the provision, withholding, or withdrawal of artificial nutrition and hydration, any determination regarding the provision, withholding, or withdrawal of artificial nutrition and hydration is governed by the laws of this state that apply in the absence of a declaration.
An Act to address requirements for the execution of a living will.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2023 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2023
ss. Office of the Secretary of State
Filed ____________, 2023 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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