2023 South Dakota Codified Laws
Title 59 - Agency
Chapter 07 - Termination Of Agency
Section 59-7-2.5 - Health care decisions by agent.

59-7-2.5. Health care decisions by agent.

The attorney-in-fact or agent may make any health care decisions for the principal which the principal could make individually if the principal had decisional capacity. However, all such decisions shall be made in accordance with accepted medical standards. Whenever making any health care decision for the principal, the attorney-in-fact or agent shall consider the recommendation of the attending physician, the decision that the principal would have made if the principal then had decisional capacity, if known, and the decision that would be in the best interest of the principal.

Source: SL 1990, ch 412, §2; SL 2007, ch 296, §1.

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