§ 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

Terms Used In South Dakota Codified Laws > Title 34 > Chapter 12C - Health Care Consent Procedures

  • 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.
  • 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.
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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