22-46-1.1. Neglect--Exclusions from definition.
For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult based upon a previously executed declaration, do-not-resuscitate order, or a power of attorney for health care; a decision to not seek medical care for an elder or disabled adult if otherwise authorized by law; or the failure to provide goods and services outside the means available for the elder or disabled adult.
Source: SL 2007, ch 147, ยง2.
Structure South Dakota Codified Laws
Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities
Section 22-46-1 - Definition of terms.
Section 22-46-1.1 - Neglect--Exclusions from definition.
Section 22-46-2 - Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.
Section 22-46-3 - Theft by exploitation--Penalty.
Section 22-46-5 - Investigation of report of abuse, neglect or exploitation.
Section 22-46-7 - Report of abuse, neglect, or exploitation.
Section 22-46-8 - Immunity from liability for reporting abuse, neglect, or exploitation.
Section 22-46-9 - Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.
Section 22-46-11 - Voluntary reporting of abuse, neglect, or exploitation.
Section 22-46-12 - Information provided by report of abuse, neglect, or exploitation.
Section 22-46-14 - Additional penalties against perpetrator for exploitation.
Section 22-46-16 - Effect of revocation of provision of instrument.
Section 22-46-17 - Additional remedies for violation.
Section 22-46-18 - Remedies cumulative with other legal and administrative remedies.