Form · Advance care · SD

South Dakota advance directive form

The state's own form, from South Dakota Legislature (Legislative Research Council, Codified Laws). Rivvi links it; we do not host or change it. Not legal advice.

Quick answer

South Dakota's advance directive form is the Declaration (SDCL 34-12D-3 Declaration--Sample form), from South Dakota Legislature (Legislative Research Council, Codified Laws). Open the state form

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The state form

Form: Declaration (SDCL 34-12D-3 Declaration--Sample form)
Publisher: South Dakota Legislature (Legislative Research Council, Codified Laws)
Law: SDCL 34-12D-3
Form link: sdlegislature.gov/api/Statutes/34-12D-3.html
Names a health care agent: Not in this form
Signing (per the source): Witnessed by two adults, or by a notary public who then notarizes the declaration (SDCL 34-12D-2); sample form provides lines for two witnesses and a notary
Link checked: October 23, 2026

Questions

Where do I get South Dakota's advance directive form?

South Dakota Legislature (Legislative Research Council, Codified Laws) publishes it: Declaration (SDCL 34-12D-3 Declaration--Sample form). The link on this page goes to the state's copy (checked October 23, 2026).

Does a South Dakota advance directive need witnesses or a notary?

Per the state source: Witnessed by two adults, or by a notary public who then notarizes the declaration (SDCL 34-12D-2); sample form provides lines for two witnesses and a notary. Read the form's own signing instructions before you sign.