Free South Dakota Advance Directive & Living Will
Build a complete South Dakota advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with South Dakota's correct signing requirements.
A free directive — not legal or medical advice.
This builds a South Dakota advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as South Dakota requires (see the signing steps). RecordingLaw.com is not a law firm.
About you
Your health care agent
The person who will make medical decisions if you can't speak for yourself — the most important choice.
Note: in South Dakota, your agent cannot be Durable Power of Attorney for Health Care: the agent must be a competent adult. Best practice / common bar: the agent should not be the attending physician or a facility employee unless related. (SDCL ch. 59-7)
Your end-of-life wishes
If you are terminally ill or permanently unconscious with no recovery expected.
Note: South Dakota law may suspend these wishes during pregnancy.
Other wishes (optional)
Before you sign — South Dakota notes
This directive has NO legal effect until you sign it. To make it valid in South Dakota: Sign your Living Will Declaration (or have someone sign at your direction) and EITHER have two adults witness it OR sign before a notary who notarizes it. South Dakota's living-will witness rules are lighter than most states. A separate Durable Power of Attorney for Health Care names your agent. A living will is suspended during pregnancy unless two physicians certify the § 34-12D-10 medical exception.
Witness rules: a witness must NOT be Living Will Declaration (§ 34-12D-2): signed by the declarant (or another at the declarant's direction) and witnessed by two adults, OR signed in the presence of a notary public who notarizes it. South Dakota does not impose extensive statutory witness-disqualification categories on the living will (best practice: avoid the agent, attending physician, and facility employees).
Your agent cannot be Durable Power of Attorney for Health Care: the agent must be a competent adult. Best practice / common bar: the agent should not be the attending physician or a facility employee unless related. (SDCL ch. 59-7)
South Dakota lets you use EITHER 2 witnesses OR a notary — you do not need both.
Pregnancy: South Dakota law may suspend your living-will instructions while you are pregnant. SDCL § 34-12D-10: notwithstanding a declaration, life-sustaining treatment and artificial nutrition/hydration shall be provided to a pregnant woman UNLESS the attending physician and one other examining physician certify on the chart, to a reasonable degree of medical certainty, that such procedures will not maintain her so as to permit continuing fetal development and live birth, would be physically harmful, or would prolong severe pain not relievable by medication.
South Dakota also publishes an official statutory directive form (SDCL § 34-12D-3 (suggested Living Will Declaration form)); this document is a valid alternative that covers the same ground.
After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.
This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.
Enter your name and your agent's name to download.
Or email yourself a copy (PDF)
Advance Health Care Directive of [YOUR FULL NAME]
PART I — DECLARATION
I, [YOUR FULL NAME], of [CITY], South Dakota, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.
PART II — MY HEALTH CARE AGENT
I appoint [AGENT NAME] as my health care agent.
My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.
My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.
I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.
PART III — LIVING WILL — MY END-OF-LIFE WISHES
If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.
I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.
Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.
Note about pregnancy: under South Dakota law, this living-will instruction may be limited or suspended if I am pregnant. SDCL § 34-12D-10: notwithstanding a declaration, life-sustaining treatment and artificial nutrition/hydration shall be provided to a pregnant woman UNLESS the attending physician and one other examining physician certify on the chart, to a reasonable degree of medical certainty, that such procedures will not maintain her so as to permit continuing fetal development and live birth, would be physically harmful, or would prolong severe pain not relievable by medication.
PART IV — GENERAL PROVISIONS
This directive is governed by the laws of South Dakota and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.
If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.
SIGNATURE
I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], South Dakota.
____________________________________
[YOUR FULL NAME], Principal
WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
(Alternatively, South Dakota lets you have this directive notarized instead of witnessed — sign the notary block below OR use the witnesses above.)
STATE OF __________, COUNTY OF __________. Subscribed and sworn before me on __________.
____________________________________ Notary Public
How to Sign Your Advance Directive in South Dakota
Sign your Living Will Declaration (or have someone sign at your direction) and EITHER have two adults witness it OR sign before a notary who notarizes it. South Dakota's living-will witness rules are lighter than most states. A separate Durable Power of Attorney for Health Care names your agent. A living will is suspended during pregnancy unless two physicians certify the § 34-12D-10 medical exception.
South Dakota requires 2 witnesses or a notary. You can choose whichever is easier — you do not need both. This generator's PDF includes a signing page with these exact steps.
The Two Parts: Health Care Agent and Living Will
Your South Dakota directive has two jobs. The health care agent (also called a healthcare proxy or medical power of attorney) is the person who speaks to doctors for you if you cannot — choosing treatments, providers, and facilities and seeing your medical records. The living will records your own instructions about life-sustaining treatment if you are terminally ill or permanently unconscious with no reasonable hope of recovery.
Who Can Be Your Agent and Witnesses in South Dakota
Your agent: In South Dakota, your health care agent cannot be Durable Power of Attorney for Health Care: the agent must be a competent adult. Best practice / common bar: the agent should not be the attending physician or a facility employee unless related. (SDCL ch. 59-7) Choose someone you trust who knows your values and will advocate for you.
Your witnesses: In South Dakota, a witness must NOT be Living Will Declaration (§ 34-12D-2): signed by the declarant (or another at the declarant's direction) and witnessed by two adults, OR signed in the presence of a notary public who notarizes it. South Dakota does not impose extensive statutory witness-disqualification categories on the living will (best practice: avoid the agent, attending physician, and facility employees).. Pick neutral adults.
The Pregnancy Rule in South Dakota
SDCL § 34-12D-10: notwithstanding a declaration, life-sustaining treatment and artificial nutrition/hydration shall be provided to a pregnant woman UNLESS the attending physician and one other examining physician certify on the chart, to a reasonable degree of medical certainty, that such procedures will not maintain her so as to permit continuing fetal development and live birth, would be physically harmful, or would prolong severe pain not relievable by medication. This is a real and sometimes controversial limit; if it matters to you, discuss it with your doctor and consider adding specific instructions, and talk to an attorney about your options.
Who Decides If You Have No Directive in South Dakota?
If you have not named a health care agent, South Dakota law decides who speaks for you: SDCL § 34-12C-3 priority when no agent/guardian: (1) spouse (unless legally separated), (2) adult child, (3) parent, (4) adult sibling, (5) grandparent or adult grandchild, (6) adult aunt/uncle, adult cousin, or adult niece/nephew, (7) close friend. An unmarried partner usually has no automatic say. Signing a directive is how you choose your own decision-maker instead of leaving it to this default.
Updating, Revoking, and Sharing Your Directive
Review your directive after any major change — a new diagnosis, a divorce, the death of your agent, or a move to a new state (a directive valid where you signed it is usually honored elsewhere, but it is wise to re-sign under your new state's rules). You can revoke it any time by telling your agent or doctor or by signing a new one. After signing, give copies to your agent, your alternate, and your doctor and keep the original where it can be found quickly — a directive no one can locate cannot help you.
Frequently Asked Questions
Is an advance directive made online valid in South Dakota?
Yes, if you sign it correctly. South Dakota requires 2 witnesses or a notary. The document this tool creates is a standard living will declaration (ch. 34-12d) + durable power of attorney for health care (ch. 59-7); it becomes legally effective when you sign it as described above.
Do I need a lawyer to make an advance directive in South Dakota?
No. A properly signed advance directive is valid whether or not a lawyer prepares it. See an attorney if you have complex wishes, a serious illness, or want detailed limits on specific treatments.
What is the difference between a living will and a healthcare power of attorney?
A living will states your own wishes about life-sustaining treatment. A healthcare power of attorney (agent/proxy) names a person to make medical decisions for you. This generator combines both in one South Dakota directive.
Does my South Dakota directive need to be notarized?
Not necessarily — South Dakota lets you use either 2 witnesses or a notary.
Who can witness my advance directive in South Dakota?
Adults who are not Living Will Declaration (§ 34-12D-2): signed by the declarant (or another at the declarant's direction) and witnessed by two adults, OR signed in the presence of a notary public who notarizes it. South Dakota does not impose extensive statutory witness-disqualification categories on the living will (best practice: avoid the agent, attending physician, and facility employees)..
What happens if I don't have an advance directive in South Dakota?
South Dakota decides who makes your medical decisions: SDCL § 34-12C-3 priority when no agent/guardian: (1) spouse (unless legally separated), (2) adult child, (3) parent, (4) adult sibling, (5) grandparent or adult grandchild, (6) adult aunt/uncle, adult cousin, or adult niece/nephew, (7) close friend.
Does pregnancy affect my living will in South Dakota?
Yes. SDCL § 34-12D-10: notwithstanding a declaration, life-sustaining treatment and artificial nutrition/hydration shall be provided to a pregnant woman UNLESS the attending physician and one other examining physician certify on the chart, to a reasonable degree of medical certainty, that such procedures will not maintain her so as to permit continuing fetal development and live birth, would be physically harmful, or would prolong severe pain not relievable by medication. Discuss this with your doctor and an attorney if it concerns you.
Can my agent override my living will?
No. Your agent must follow the clear wishes you write down. The living will guides your agent and your doctors; the agent fills in decisions you did not specifically address.
Do I have to file my directive with a court?
No. An advance directive is not filed with any court. You keep the signed original and give copies to your agent and your doctor so it is available when needed.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal or medical advice.
Disclaimer
This generator produces a general-purpose advance directive and is not legal or medical advice or a substitute for an attorney or your physician. Healthcare-directive law changes; the South Dakota requirements here are current as of 2026-06-05. A directive is only effective if signed as your state requires. For a serious illness, detailed treatment limits, or complex family situations, talk to your doctor and a South Dakota estate-planning attorney. RecordingLaw.com is not a law firm.
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