South Dakota Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in South Dakota who cannot decide: an agent, a guardian, or South Dakota's default surrogate order. Runs in your browser; nothing is stored.

South Dakota law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in South Dakota

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

South Dakota's default surrogate order

  1. Spouse (If not legally separated)
  2. An adult child
  3. A parent
  4. An adult sibling
  5. A grandparent or an adult grandchild (one class)
  6. An adult aunt, uncle, cousin, niece or nephew
  7. A close friend who has given significant care and kept regular contact
What it covers
When there is no health care power of attorney or guardian of the person available, listed family members may make health care decisions for an incapacitated person, including facility admission. The chapter does not change separate law on withholding life-sustaining care.
If more than one person is in the same group
No majority rule is stated for several members of the same class. A family member may hand the decision to another family member in the same or a later class.
Who decides the person cannot decide
Incapacity can be established by a guardianship, a court, or the attending physician acting in good faith, alone or with another physician, in a signed written finding in the record.
Limits
  • The chapter does not change the law on withholding or withdrawing life-sustaining care, abortion or sterilization.
  • Before being found incapacitated, a person may disqualify any family member in writing or by a note in the medical record.
  • The decision-maker follows the person's known wishes, otherwise good-faith best interest, and may not arbitrarily refuse consent.

Source: S.D. Codified Laws 34-12C-3 · Checked October 26, 2026

Next steps

Who decides in South Dakota without a power of attorney?

South Dakota's default surrogate law (S.D. Codified Laws 34-12C-3) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (if not legally separated).

South Dakota's default surrogate law in full

South Dakota's default surrogate order

  1. Spouse (If not legally separated)
  2. An adult child
  3. A parent
  4. An adult sibling
  5. A grandparent or an adult grandchild (one class)
  6. An adult aunt, uncle, cousin, niece or nephew
  7. A close friend who has given significant care and kept regular contact
What it covers
When there is no health care power of attorney or guardian of the person available, listed family members may make health care decisions for an incapacitated person, including facility admission. The chapter does not change separate law on withholding life-sustaining care.
If more than one person is in the same group
No majority rule is stated for several members of the same class. A family member may hand the decision to another family member in the same or a later class.
Who decides the person cannot decide
Incapacity can be established by a guardianship, a court, or the attending physician acting in good faith, alone or with another physician, in a signed written finding in the record.
Limits
  • The chapter does not change the law on withholding or withdrawing life-sustaining care, abortion or sterilization.
  • Before being found incapacitated, a person may disqualify any family member in writing or by a note in the medical record.
  • The decision-maker follows the person's known wishes, otherwise good-faith best interest, and may not arbitrarily refuse consent.

Source: S.D. Codified Laws 34-12C-3 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in South Dakota if there is no power of attorney?

South Dakota's default surrogate law (S.D. Codified Laws 34-12C-3) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (if not legally separated). The full order, tie rule and limits are in S.D. Codified Laws 34-12C-3.

Does next of kin in South Dakota have authority over money?

No default surrogate law covers money. In South Dakota, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

South Dakota law checked against the official text on October 26, 2026.

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