South Dakota Living Will

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I. Introduction

I, [Your Name], currently living and residing at the address known as [Your Address], in full possession of a clear mind and the necessary legal capability, am hereby making a declaration that this document should be considered my last will.

II. Living Will

A. Purpose

This Living Will outlines my preferences regarding medical treatment in case I become unable to communicate my wishes due to illness or incapacity.

B. Healthcare Preferences

1. Resuscitation: In the event of cardiac or respiratory arrest, I:

   • [Specify your preference: wish to be resuscitated/do not wish to be resuscitated].

2. Mechanical Ventilation: If I require mechanical ventilation to sustain breathing, I:

   • [Specify your preference: wish to receive mechanical ventilation / do not wish to receive mechanical ventilation].

3. Artificial Nutrition and Hydration: If I am unable to eat or drink on my own, I:

   • [Specify your preference: wish to receive artificial nutrition and hydration / do not wish to receive artificial nutrition and hydration].

C. Healthcare Agent

I designate [Name of Healthcare Agent], residing at [Address of Healthcare Agent], as my healthcare agent to make medical decisions on my behalf if I am unable to do so. This designation shall remain in effect unless revoked by me in writing.

III. Revocation

I hereby state that I retain the authority and entitlement to repeal or modify this Living Will whenever I choose to do so. However, it must be noted that this can only be put into effect under the condition that such revocation or amendment happens through a written document that I have personally signed.

IV. Governing Law

This Living Will shall be governed and interpreted by the laws and regulations applicable in the State of South Dakota.

V. Severability

Should there be a situation wherein any provision or part of this Living Will is determined to be invalid or incapable of being enforced, it is intended that all other provisions, parts, or sections contained within this Living Will should not be affected by such a ruling and will continue to remain applicable and enforceable in their entirety, fully maintaining their force and effect.

VI. Signature and Witnesses

I declare that I signed this Living Will in the presence of the following witnesses, who witnessed and subscribed to this document in my presence and the presence of each other.

Testator

[Your Name]

[Your Address]

Witness 1

Name: [Witness Name 1]

Address: [Witness Address 1]

Witness 2

Name: [Witness Name 2]

Address: [Witness Address 2]

VII. Notarization

State of South Dakota

County of [County Name]

On this 1st day of January 2050, before me, a Notary Public in and for the State and County aforesaid, personally appeared [Your Name], known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Witness my hand and official seal.

Notary Public

[Printed Name of Notary Public]
[Commission Number of Notary Public]
My Commission Expires: [Expiry Date of Notary Public's Commission]

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