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SD Senate Bill 180

Legislation

State: South Dakota
Signed: March 23, 2023

Effective: July 01, 2023
Chapter: 115

Summary
Senate Bill 180 authorizes any adult to sign a declaration regarding the withholding or withdrawal of life-sustaining treatment and have the declaration notarized or witnessed.
Affects

Amends Section 34-12D-2 of the South Dakota Codified Laws.

Changes
  1. Authorizes a competent adult to at any time execute a declaration governing the withholding or withdrawal of life–sustaining treatment, as specified.
  2. Requires the declaration to be signed by the declarant or by another at the declarant's direction and witnessed by two adults or by a Notary Public who thereafter must notarize the declaration.
Analysis

A common document in personal estate plans is a declaration or power regarding the withholding or withdrawal of life-sustaining treatment. Depending on the state, this document may be notarized or witnessed by two adults. South Dakota now has authorized individuals to sign such a declaration. The witnessing of the signature may be done by a Notary Public or 2 adult witnesses.

Read Senate Bill 180.

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