An Act to clarify the requirements for the execution of a living will declaration.
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
from the adult.
The declaration
shall
must be signed
by the declarant, or another at the declarant's direction, and must
be witnessed by
two adult individuals.
The signing may be in the presence of,
or by a notary
public who shall thereafter notarize the declaration. A declaration
shall
must state the
declarant's preferences regarding whether the declarant wishes to
receive or not receive artificial nutrition and hydration. If the
declaration does not state the declarant's preferences
with respect
as to
artificial nutrition and hydration, whether artificial nutrition and
hydration is to be provided, withheld, or withdrawn
shall
must be
governed by the law of this state
which
that would
apply in the absence of a declaration.