Document end-of-life preferences in South Dakota: South Dakota Living Will
What is a South Dakota Living Will?
A South Dakota Living Will is a legal document that lays out your preferences related to medical care, such as your acceptance or refusal of certain medical treatments, along with the (optional) naming of a chosen healthcare decision maker.
The person making a Living Will is known as the "principal," and the people or entities obtaining permission to carry out the principal's wishes are called "agents." Suitable for South Dakota residents, this Living Will is made for use in Lincoln County, Minnehaha County, Pennington County, and in any other part of the state. Any South Dakota Living Will form from Rocket Lawyer can be fully personalized to address your unique circumstances. As a result of this essential legal document, your healthcare institutions will have a record of your decisions, and your agent will be able to offer proof that they have been given the authority to make choices for you.
When to use a South Dakota Living Will:
- You want to specify your wishes so that it is more likely they will be carried out.
- You are facing the possibility of surgery or a hospitalization.
- You have declining health.
- You have been diagnosed with a terminal condition.
How do I get my South Dakota Living Will reviewed?
If you already have a South Dakota Living Will and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
South Dakota Living Will FAQs
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How do I write a Living Will in South Dakota?
It's very simple to document your medical preferences using a free South Dakota Living Will template from Rocket Lawyer:
- Make the document - Answer a few questions, and we will do the rest
- Send or share - Go over your wishes with your healthcare agent(s) or get legal advice
- Sign and make it legal - Optional or not, notarization and witnesses are recommended
This route is, in most cases, notably more affordable and convenient than hiring and working with your average provider. If needed, you may start this Living Will on behalf of an elderly parent, a spouse, or another family member, and then have that person sign it once you've drafted it. Please note that for this document to be accepted as legally valid, the principal must be mentally competent at the time of signing. In the event that the principal has already been declared legally incompetent, a court-appointed conservatorship may be necessary. In such a situation, it is important to speak with an Legal Pro.
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Do I need to write a Living Will?
Every adult should have a Living Will. Though it can be unpleasant to acknowledge, there will likely come a day when you cannot make your own healthcare decisions. Common situations where it may be useful to make or update your Living Will include:
- You are preparing to live in a community care facility
- You have been diagnosed with a terminal illness
- You are getting older or dealing with ongoing health issues
- You are facing the possibility of surgery or hospitalization
Regardless of whether your South Dakota Living Will is being prepared as part of a long-term plan or produced in response to a change in your health, witnesses and notarization often help to protect your agent if someone questions their privileges. That said, a Living Will is not considered valid during pregancy in South Dakota.
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Should I work with a lawyer to review my Living Will in South Dakota?
It’s a good idea to have important documents like your South Dakota Living Will reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your South Dakota Living Willdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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How much would it typically cost for an attorney to help me make a Living Will in South Dakota?
Attorney fees for drafting or reviewing a South Dakota Living Will can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized South Dakota Living Will tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Does a Living Will need to be notarized or witnessed in South Dakota?
The requirements governing Living Wills will vary by state; however, in South Dakota, your document must be signed by two witnesses. Witnesses to your Living Will should not include your healthcare provider, their employees, or any relative, heir, or other beneficiary, including your spouse or adopted children. As a general rule, your witnesses must be 18 years old or older, and none should simultaneously be your healthcare agent.
