Living Will Requirements in South Dakota
A South Dakota living will declaration must be signed and either witnessed by two adults or notarized by a notary public.
Last checked . General information, not legal advice.
South Dakota at a glance
- Name of the document
- Living Will Declaration
- Witnesses
- 2 witnesses
- Or a notary instead of witnesses
- Notarization
- Instead of witnesses
The rules in South Dakota
What is a living will called in South Dakota?
In South Dakota, the document is called the Living Will Declaration.
Does a living will need witnesses in South Dakota?
South Dakota requires two witnesses, or a notary instead.
Does a living will need to be notarized in South Dakota?
Only if you do not use witnesses. South Dakota accepts a notary as an alternative to witnesses.
Where do the South Dakota rules for living wills come from?
They come from SDCL 34-12D-2. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How South Dakota compares
South Dakota is one of 22 jurisdictions that accept a notary instead of witnesses.
What this means in practice
Give copies to your doctor, your health care agent and close family, and keep the original where it can be found quickly. A living will that nobody can find cannot help.
Many states have rules about who may serve as a witness, for example excluding relatives or your health care providers. Check the statute before you sign.
Review the document after a major diagnosis, a move to another state or a change in your wishes.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.