A patient's authorized representative may execute a MOST only if the patient lacks decision-making capacity. The patient's lack of decision-making capacity shall be recorded in the patient's medical record. Source: SL 2019, ch 146 , § 3.
Representative may only act when patient lacks decision-making capacity
SDCL § 34-12H-3 — under ADVANCE CARE PLANNING FOR PATIENT WITH TERMINAL CONDITION.
SDCL § 34-12H-3