Title 18 — OATHS AND ACKNOWLEDGMENTS
8 chapters · 97 sections in this title.
SDCL § 18-8-1 Definitions
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Terms used in this chapter mean: (1) “Electronic,” relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2) “Electronic presence,” the relationship of two or more individuals in different locations communicating…
SDCL § 18-8-2 Conscious presence is electronic presence--Wills
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A non-holographic will is validly signed when signed in the electronic presence of the testator by two or more individuals who, in the electronic presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature. Source: SL 2022…
SDCL § 18-8-3 Declaration for life-sustaining treatment
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A declaration made pursuant to § 34-12D-2 may be witnessed by two adult individuals in the electronic presence of the declarant. Source: SL 2022, ch 56 , § 3.
SDCL § 18-8-4 Durable health care power of attorney
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A durable power of attorney for health care decisions made pursuant to § 59-7-2.1 is validly signed when the signature is witnessed by two other adult individuals in the electronic presence of the principal. Source: SL 2022, ch 56 , § 4.
SDCL § 18-8-5 Anatomical gift or refusal
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An anatomical gift or a refusal to make an anatomical gift of the individual’s body or part thereof pursuant to subdivisions 34-26-52 (b) or 34-26-54 (b) may also be witnessed by two adults, at least one of whom is a disinterested witness, who have signed at the request of the si…
SDCL § 18-8-6 Cremation authorization
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A pre-need cremation authorization made pursuant to § 34-26A-38 may also be witnessed by two witnesses in the electronic presence of the person as authorizing agent. Source: SL 2022, ch 56 , § 6.