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100 chapters · 1,735 sections in this title.
SDCL § 34-12C-1 Definition of terms
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Terms used in this chapter mean: (1) "Attending physician," the physician who has primary responsibility for the treatment and care of the patient; (2) "Durable power of attorney for health care," an instrument executed pursuant to § 59-7-2.1 that authorizes its attorney in fact …
SDCL § 34-12C-2 Conditions authorizing health care decision by another--Determination by physician
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A health care decision by another is authorized under this chapter for an adult person who is incapable of giving informed consent to health care. A person is incapable of giving informed consent to health care if: (1) A guardian has been appointed for him or he has otherwise bee…
SDCL § 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
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In the absence of a durable power of attorney for health care or the appointment of a guardian of the person, or if neither the attorney in fact nor guardian is available to consent, a health care decision for an incapacitated person may be made by the following persons or member…
SDCL § 34-12C-4 Court - ordered health care--Conditions
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If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, ap…
