59-7-2.6. Physician's determination of principal's decisional capacity.
The attorney-in-fact or agent may not make a health care decision in any situation in which the principal's attending physician has determined in good faith that the principal has decisional capacity. The attending physician shall proceed as if there were no designation if the attorney-in-fact or agent is unavailable or refuses to make a health care decision.
Source: SL 1990, ch 412, ยง3.
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.