South Dakota Codified Laws
Chapter 12D - Living Wills
Section 34-12D-4 - Multiple documents--Resolving conflicts--Participation by attorney in fact.

34-12D-4. Multiple documents--Resolving conflicts--Participation by attorney in fact.
If an individual has executed both a declaration and a durable power of attorney, the later executed document shall control to the extent that its provisions conflict with the provisions of the earlier executed document. However, nothing in this chapter may be construed to create a presumption that an attorney in fact may not participate in the implementation of a declaration.

Source: SL 1991, ch 273, ยง4.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 12D - Living Wills

Section 34-12D-1 - Definition of terms.

Section 34-12D-2 - Declaration--Requirements as to execution.

Section 34-12D-3 - Declaration--Sample form.

Section 34-12D-4 - Multiple documents--Resolving conflicts--Participation by attorney in fact.

Section 34-12D-5 - When declaration becomes operative.

Section 34-12D-6 - Decisions regarding life-sustaining treatment--Rights of qualified patient.

Section 34-12D-7 - Entry of declaration into medical record.

Section 34-12D-8 - Revocation of declaration--Medical record to contain revocation.

Section 34-12D-9 - Providing for patient's comfort and related needs--Responsibility of health care provider.

Section 34-12D-10 - Treatment of pregnant woman notwithstanding declaration.

Section 34-12D-11 - Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider.

Section 34-12D-12 - Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider.

Section 34-12D-13 - Immunity from civil or criminal liability, and from professional discipline.

Section 34-12D-14 - Withdrawal or withholding of treatment neither suicide or homicide.

Section 34-12D-15 - Withdrawal or withholding of treatment--Effect upon life insurance or annuity.

Section 34-12D-16 - Insurer or health-care provider may not prohibit or require declaration.

Section 34-12D-17 - Revocation of or failure to execute declaration--No presumption created concerning intent.

Section 34-12D-18 - Patients able to make decisions regarding medical care--Effect upon rights.

Section 34-12D-19 - Health care provider not required to deviate from accepted medical standards.

Section 34-12D-20 - Mercy-killing, euthanasia, suicide, and assisted suicide not condoned.

Section 34-12D-21 - Assumption as to valid declaration permissible.

Section 34-12D-23 - Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide.

Section 34-12D-24 - Standing to bring injunctive relief against person believed to be about to assist in suicide.

Section 34-12D-25 - Cause of action for compensatory and punitive damages for assisting suicide.

Section 34-12D-26 - Attorney's fees to plaintiff in assisted suicide action.

Section 34-12D-27 - Licensing board notified of assisted suicide violation.

Section 34-12D-28 - Revocation of license for assisted suicide violation.

Section 34-12D-29 - Licensed health care professional defined.