34-12C-4. Court-ordered health care--Conditions.
If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, appoint its own representative to make the decision, or order any other appropriate relief.
However, the circuit court may act only if it makes a further finding that:
(1)There is no person available to consent; or
(2)There are two or more persons in the same class available to consent and their decision is not unanimous; or
(3)The person seeking to make the health care decision is not authorized to do so, is not reasonably available, is not able to make an informed decision, lacks capacity, or is not acting as required by §34-12C-3; or
(4)The health care provider has declined to follow the direction of a person authorized to make the health care decision; or
(5)There are other substantial reasons for the circuit court's intervention; and
(6)The relief granted is not inconsistent with the incapacitated person's express wishes, if known, and is otherwise in his best interest.
Source: SL 1990, ch 222, §4.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 12C - Health Care Consent Procedures
Section 34-12C-1 - Definition of terms.
Section 34-12C-4 - Court-ordered health care--Conditions.
Section 34-12C-6 - Rights of authorized person as incapacitated person.
Section 34-12C-7 - Liability of health care provider--Liability of authorized decision maker .