South Dakota Advance Directive Requirements (2026)
What South Dakota needs for a valid advance directive or living will. Witness rules, notary rules, POLST status, and the official state form.
At-a-glance
Witness rules
South Dakota requires 2 witnesses when you sign your advance directive. Most states do not let your health care agent, your doctor, or anyone in your will serve as a witness. Check the form for the exact rules.
Notary rules
South Dakota does not require a notary for an advance directive. Witnesses are enough if you follow the witness rules. You can still choose to have it notarized for extra peace of mind.
Living will and health care proxy
South Dakota uses a combined advance directive form. You pick your health care agent and say what treatment you want in the same document.
POLST and MOLST
South Dakota does not have an active POLST program. Your advance directive is the main document that guides your care.
Things to know
State data is being verified. Always confirm current requirements with your state health department before signing any advance directive.
How to make an advance directive in South Dakota
- Download the state form
Get the current South Dakota advance directive form from the state health department. A link is in the "State Resources" section below.
- Pick a health care agent
Choose someone you trust to make medical decisions if you cannot. Talk to them first. Make sure they agree.
- Write down your wishes
Say what treatment you do and do not want. Think about life support, feeding tubes, and pain relief.
- Sign with witnesses
Sign in front of 2 adult witnesses. Your health care agent cannot be a witness.
- Store it in DirectiveVault
Upload the signed form to DirectiveVault. Share read-only access with your health care agent and family so they can pull it up at the ER.
- Give a copy to your doctor
Send a copy to your primary care doctor so it goes in your medical record.
State resources
- Form name
- South Dakota Advance Directive
- Official state form
- Search your state health department for the current form.
Frequently asked questions
How many witnesses does South Dakota need for an advance directive?
South Dakota requires 2 witnesses when you sign your advance directive.
Does South Dakota require a notary for an advance directive?
No. South Dakota does not require a notary. Witnesses alone are enough if you follow the witness rules.
Does South Dakota have a POLST program?
South Dakota does not have an active POLST program.
Can I use an out-of-state advance directive in South Dakota?
South Dakota generally honors directives signed in other states if they were legal in the state where signed. To be safe, use the South Dakota form if you live here.
Where do I get the official South Dakota advance directive form?
Search for "advance directive" on your South Dakota state health department website to find the current form.
Keep your South Dakota directive ready
Once you sign, store it in DirectiveVault. Share it with family. Have it in your pocket when it matters.