Title 59 — AGENCY

An agency is terminated as to every person having notice thereof in all cases by: (1) Expiration of its term; (2) Extinction of its subject; (3) Death of the agent; (4) Renunciation by the agent; or (5) Incapacity of the agent to act as such. Source: CivC 1877, § 1383; CL 1887, §…

Source: SL 2016, ch 120 , § 35; SL 2020, ch 214 , § 61.

Unless the power of the agent is coupled with an interest in the subject of the agency, an agency is terminated as to every person having notice thereof by: (1) Revocation by the principal; (2) Death of the principal; or (3) His incapacity to contract. Source: CivC 1877, § 1384; …

Notwithstanding § 59-7-2, a principal may designate another as the principal's attorney-in-fact or agent pursuant to the provisions of §

Source: SL 1977, ch 418 , § 2; SL 2020, ch 214 , § 54.

Source: SL 1977, ch 418 , § 3; SL 2020, ch 214 , § 55.

A principal may nominate by a durable power of attorney for health care a guardian of the principal's person or conservator of the principal's estate for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal execut…

The attorney-in-fact or agent may make any health care decisions for the principal which the principal could make individually if the principal had decisional capacity. However, all such decisions shall be made in accordance with accepted medical standards. Whenever making any he…

The attorney - in - fact or agent may not make a health care decision in any situation in which the principal's attending physician has determined in good faith that the principal has decisional capacity. The attending physician shall proceed as if there were no designation if th…

The attorney-in-fact or agent may not authorize the withholding or withdrawal of comfort care from the principal. The attorney-in-fact or agent may authorize that artificial nutrition or hydration be withheld or withdrawn if one or more of the following exist: (1) Artificial nutr…

Notwithstanding the designation of a health care attorney - in - fact or agent, life - sustaining treatment and artificial nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman's medical chart …

Source: SL 1945, ch 181 , § 1; SDC Supp 1960, § 3.0110; SL 1977, ch 418 , § 5; SL 2020, ch 214 , § 56.

Source: SL 1945, ch 181 , § 2; SDC Supp 1960, § 3.0111; SL 1977, ch 418 , § 6; SL 2020, ch 214 , § 57.

Source: SL 1945, ch 181 , § 3; SDC Supp 1960, § 3.0112; SL 2020, ch 214 , § 58.

Source: SL 1945, ch 181 , § 4; SDC Supp 1960, § 3.0113; SL 2020, ch 214 , § 59.

Source: SL 1945, ch 181 , § 5; SDC Supp 1960, § 3.0114; SL 2020, ch 214 , § 60.

A physician or other health care provider as defined in subdivision 34-12C-1 (5) acting in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is authorized by this chapter to make a health care deci…

All acts done by an agent pursuant to a durable power of attorney have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if done by the principal. Unless the instrument states a time of termination, the authority of t…