What is the format of a living will?
A living will is referred to as a “declaration” under South Dakota law. An individual who has made a declaration is referred to as a “declarant.” As a declarant, you may order the attending physician to withhold or withdraw treatment that would only prolong the process of dying. (An example declaration is at the end of this document.) Your declaration (living will) must be signed by you and by two adult individuals who serve as witnesses. The signatures do not have to be notarized. You may have another individual sign for you if you are unable to sign it yourself. Example: John is physically disabled but mentally competent, so he asked his attorney to sign on his behalf in the presence of two disinterested witnesses. South Dakota law does allow family members to be witnesses, but John chose not to have any relatives as witnesses to avoid potential questions regarding impartiality. When does my declaration (living will) become effective? You may make decisions regarding life-sustaining
