South Dakota Codified Laws 34-12H-9. Revocation of MOST
A patient with decision-making capacity may revoke a MOST at any time by:
(1) Destroying or defacing the MOST with the intent to revoke;
Terms Used In South Dakota Codified Laws 34-12H-9
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) A written revocation of the MOST, signed and dated by the patient; or
(3) An oral expression of the intent to revoke the MOST, in the presence of a witness eighteen years of age or older who signs and dates in writing, confirming that the expression of intent was made.
An authorized representative may not revoke a MOST unless the MOST was executed by the authorized representative. The authorized representative shall make the revocation in writing.
A revocation is effective upon communication to the health care provider. A health care provider who is informed of a revocation shall record the date and time of the notification of revocation in the patient’s medical record.
Source: SL 2019, ch 146, § 9.