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Health Care Power of Attorney Requirements in South Dakota

In South Dakota, a durable power of attorney for health care must be signed by the principal and the signature witnessed by two other adults or by a notary public.

Last checked . General information, not legal advice.

South Dakota at a glance

Document name
Durable power of attorney for health care
Witnesses
2 witnesses or a notary
Witnesses must be adults.
Notary required
Notary or 2 witnesses
Who cannot witness
None listed beyond being an adult other than you
SDCL 59-7-2.1 lists no further witness exclusions.

Sources

Last checked

The rules in South Dakota

What is a health care power of attorney called in South Dakota?

Document name in South Dakota: Durable power of attorney for health care.

How many witnesses does a health care power of attorney need in South Dakota?

Witnesses in South Dakota: 2 witnesses or a notary. Witnesses must be adults.

Does a health care power of attorney have to be notarized in South Dakota?

Notary or 2 witnesses. Notary required in South Dakota: notary or 2 witnesses.

Who cannot witness a health care power of attorney in South Dakota?

Who cannot witness in South Dakota: None listed beyond being an adult other than you. SDCL 59-7-2.1 lists no further witness exclusions.

Where do the South Dakota health care power of attorney requirements come from?

The rules above come from S.D. Codified Laws 59-7-2.1. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.