§ 34-12C-1 Definition of terms
§ 34-12C-2 Conditions authorizing health care decision by another–Determination by physician
§ 34-12C-3 Absence of power of attorney or appointed guardian–Consent by others–Disqualification–Delegation of authority–Wishes of incapacitated person–Recommendation of physician
§ 34-12C-4 Court-ordered health care–Conditions
§ 34-12C-5 Petition for authority to make health care decision–Filing in circuit court–Contents–Notice–Court-ordered investigation
§ 34-12C-6 Rights of authorized person as incapacitated person
§ 34-12C-7 Liability of health care provider–Liability of authorized decision maker
§ 34-12C-8 Scope of chapter.34-12C-9

Terms Used In South Dakota Codified Laws > Title 34 > Chapter 12C

  • Adult: any person who is not a minor as defined in chapter 26-1. See South Dakota Codified Laws 2-14-2
  • 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.
  • Attending physician: the physician who has primary responsibility for the treatment and care of the patient. See South Dakota Codified Laws 34-12C-1
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Close friend: any adult who has provided significant care and exhibited concern for the patient, and has maintained regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs. See South Dakota Codified Laws 34-12C-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Good faith: an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious. See South Dakota Codified Laws 2-14-2
  • 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
  • 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
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
  • Writing: and "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