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8 chapters · 96 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.
