Who Decides When You Cannot
SDCL § 34-12C-3 — without an agent or guardian, the spouse, then an adult child, a parent, a sibling, and on to a close friend
- The spouse, if not legally separated.
- An adult child.
- A parent.
- An adult sibling.
- A grandparent or adult grandchild.
- An adult aunt, uncle, cousin, niece or nephew.
- A close friend.
Without a health care agent or guardian available, those may decide for an incapacitated person, in that order. They follow the person's known wishes, otherwise act in good faith in the person's best interest, and may not refuse consent arbitrarily.
Leaving someone out. Before any finding of incapacity, a person may disqualify a family member from deciding, by a signed document or a note in the medical record made at their direction.
A particular decision is a question for a licensed South Dakota attorney.
Sources for this section (1)
- 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
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.