South Dakota End of Life Guide

Advance Directives 

Advance Directives are legal documents that allow you to make known your end-of-life care ahead of time. The state of South Dakota recognizes your right to decide the terms of your own medical treatment and to assign a person to make those decisions when you are not able to do so. 

Here are some important questions to consider before beginning this process:

• Is this document(s) state specific? No

• Does this document(s) need to be notarized? No

• Does this document(s) require witnesses? If so, how many? Yes / 2

• Can you legally use Aging With Dignity's 5 Wishes Doc? Yes

In the state of South Dakota, there are two separate forms required for a complete Advance Directive - A Living Will and a Health Care Proxy form. Click below to download these forms:

SOUTH DAKOTA LIVING WILL FORM

SOUTH DAKOTA HEALTHCARE PROXY FORM

(Source: Rapid City Regional Health)

Death with Dignity

Death with Dignity laws allow the dying more control of their death and end-of-life decisions. These laws allow terminally-ill, able-minded state residents to request and receive prescription medication to hasten their death. 

In South Dakota, Death With Dignity legislation has not been passed nor submitted under a House or Senate Bill. 

Designated Funeral Agent

South Dakota law supports the appointment of a designated funeral agent to follow through on your written personal preferences (see below) or make funeral arrangements on your behalf if no written preferences are indicated.

South Dakota Law 34-26A-2 states that the right to make disposition arrangements is given to the person named as an authorizing agent. 

The appointment of a designated funeral agent will override the next-of-kin's usual authority and let the citizen designate whom he/she wants to control the disposition of his body.

SOUTH DAKOTA DESIGNATED FUNERAL AGENT FORM

Financial Assistance

South Dakota does not offer assistance, although under South Dakota state law, counties have a legal responsibility to provide assistance to deceased indigent residents.

See our Financial Assistance Chart for more details.

Home Funeral

Home funerals, or family led funerals, are 100% legal in South Dakota. Your family or appointed agent may care for the deceased and handle all your funeral arrangements and necessary paperwork (permits and certificates) without a funeral director.

Check with the National Home Funeral Alliance for up-to-date details on how to navigate home funerals in South Dakota.

Personal Preference Law

Personal preference laws for body disposition obligate your survivors to follow your written [or verbal] personal preferences. This often goes hand-in-hand with designating a funeral agent to follow through with your funeral or body disposition preferences. 

In South Dakota, your personal preferences are protected via Title 34, Chapter 26, Section 1 of the South Dakota statutes. Your written personal preferences should, of course, be shared with your spouse, next-of-kin, or designated funeral agent as well.