59-7-2.5. Health care decisions by agent.
The attorney-in-fact or agent may make any health care decisions for the principal which the principal could make individually if the principal had decisional capacity. However, all such decisions shall be made in accordance with accepted medical standards. Whenever making any health care decision for the principal, the attorney-in-fact or agent shall consider the recommendation of the attending physician, the decision that the principal would have made if the principal then had decisional capacity, if known, and the decision that would be in the best interest of the principal.
Source: SL 1990, ch 412, §2; SL 2007, ch 296, §1.
Structure South Dakota Codified Laws
Chapter 07 - Termination Of Agency
Section 59-7-1 - Acts constituting termination.
Section 59-7-2 - Termination where power of agent not coupled with an interest.
Section 59-7-2.1 - Principal--Designation--Healthcare.
Section 59-7-2.4 - Nomination--Health care--Guardian--Conservator.
Section 59-7-2.5 - Health care decisions by agent.
Section 59-7-2.6 - Physician's determination of principal's decisional capacity.
Section 59-7-11 - Appointment of guardian terminates power of attorney.