What Do I Need to Sign My Healthcare Proxy in South Dakota?

Witness, notary, and remote online notarization (RON) requirements for healthcare proxies in South Dakota.

Frequently Asked Questions

South Dakota requires 2 witnesses for a healthcare proxy.SDCL § 59-7-2.1Verified Jul 15, 2026 Witnesses must be at least 18 years old.

In South Dakota, notarization can serve as an alternative to witnesses for a healthcare proxy.SDCL § 59-7-2.1Verified Jul 15, 2026 Either witnesses or notarization satisfies the execution requirements.

South Dakota allows Remote Online Notarization (RON) for healthcare proxies.SDCL § 59-7-2.1Verified Jul 15, 2026 The notarization can be completed via secure video call with an approved RON provider. The state also accepts out-of-state RON.

To execute a healthcare proxy in South Dakota: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Get the document notarized (standard practice, not required). Remote notarization is available; whether the document itself may be signed electronically is unresolved

Yes. South Dakota has an explicit reciprocity statuteSDCL § 34-12D-22Verified Jul 15, 2026: a healthcare directive executed in another state is honored in South Dakota if it was valid where signed or valid under the principal's domicile law. SDCL § 34-12D-22 provides interstate recognition for living will declarations: valid if meeting execution requirements of principal's residence, place of execution, or SD law. Note: this applies to Ch. 34-12D declarations; Ch. 59-7 (healthcare POA) has no separate interstate recognition provision. SD has not adopted the UHCDA. The document portability tool covers reciprocity rules in detail.

South Dakota Estate Planning Resources

In-depth guides covering South Dakota probate laws, trust requirements, and estate planning strategies.