Terms Used In South Dakota Codified Laws 34-12C-4
- Health care: any care, treatment, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition. See South Dakota Codified Laws 34-12C-1
- Health care decision: the determination of the health care to be provided to a person. See South Dakota Codified Laws 34-12C-1
- Health care provider: any licensed health care facility and any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care, and any physician licensed pursuant to chapter 36-4. See South Dakota Codified Laws 34-12C-1
- Incapacitated person: any person who is incapable of giving informed consent to health care. See South Dakota Codified Laws 34-12C-1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Person available to consent: any person who is authorized to make a health care decision for an incapacitated person and whose existence is known to the health care provider and who, in the good faith judgment of the health care provider, is reasonably available for consultation and is willing and competent to make an informed health care decision. See South Dakota Codified Laws 34-12C-1
If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, appoint its own representative to make the decision, or order any other appropriate relief.
However, the circuit court may act only if it makes a further finding that:
(1) There is no person available to consent; or
(2) There are two or more persons in the same class available to consent and their decision is not unanimous; or
(3) The person seeking to make the health care decision is not authorized to do so, is not reasonably available, is not able to make an informed decision, lacks capacity, or is not acting as required by § 34-12C-3; or
(4) The health care provider has declined to follow the direction of a person authorized to make the health care decision; or
(5) There are other substantial reasons for the circuit court’s intervention; and
(6) The relief granted is not inconsistent with the incapacitated person’s express wishes, if known, and is otherwise in his best interest.