Terms Used In South Dakota Codified Laws 34-12C-5

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
A petition pursuant to § 34-12C-4 may be filed by the incapacitated or alleged incapacitated person, by any person who is, or who might be, authorized to make a health care decision for him pursuant to § 34-12C-3, by a health care provider or by any other interested person. Any petition shall be filed in the circuit court where the incapacitated or alleged incapacitated person either resides or is present for purposes of receiving health care.
     The petition shall state, or set forth by affidavit, medical records or other evidence attached thereto, all of the following so far as known to the petitioner:
             (1)      The nature of the physical or mental condition which requires treatment;
             (2)      The recommended course of treatment and its predictable or probable outcome;
             (3)      The available alternatives, if any, to the recommended course of treatment;
             (4)      The efforts made to obtain informed consent if the petition requests that the circuit court make a determination that an alleged incapacitated person is incapable of giving an informed consent; and
             (5)      Such other matters as may be necessary or appropriate for the specific relief requested.
     Reasonable notice of time and place of hearing on the petition shall be given to the incapacitated or alleged incapacitated person and to any other person as the court may direct. However, the court may modify or dispense with notice and hearing if it finds that the delay may have a serious adverse effect upon the health of the incapacitated or alleged incapacitated person.
     The court may appoint a guardian ad litem to make an investigation, report and recommendation as to the relief requested in the petition, or on any other matters as the court may direct.