South Dakota § 27A-8-18.1 - Substituted informed consent.
Full text of South Dakota South Dakota Codified Laws § 27A-8-18.1 — Substituted informed consent., with citation guidance and answers to common questions.
§ 27A-8-18.1. Substituted informed consent.
If a person eighteen years of age or older presents for admission to an inpatient psychiatric facility and meets the requirements set forth in subdivisions 27A-8-1(1) to (3), inclusive, and (5), but the facility director or administrator determines that the person is incapable of exercising an informed consent to the admission, then the person may be admitted upon exercise of a substituted informed consent:
(1) By a guardian previously appointed by the circuit court or by a limited guardian previously appointed by the circuit court under an order of limited guardianship that authorizes the limited guardian to make health care decisions on the person's behalf;
(2) By an attorney-in-fact previously named in a written durable power of attorney, pursuant to chapter 59-7, by the person presenting for admission, unless the power of attorney specifically denies or limits the attorney-in-fact's power to so admit;
(3) By a next of kin, pursuant to chapter 34-12C, in accordance with § 27A-8-19; or
(4) By a declaration and power of attorney for mental health treatment, executed pursuant to chapter 27A-16, according to its terms.
The person admitted by substituted informed consent is entitled to all rights accorded other voluntary patients by this title, including those provided in § 27A-8-10.
Source: SL 2012, ch 149, § 13.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 27A-8-18.1
What does South Dakota Codified Laws § 27A-8-18.1 cover?
Section 27A-8-18.1 ("Substituted informed consent.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 27A-8-18.1?
A common citation format is "South Dakota Codified Laws § 27A-8-18.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 27A-8-18.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.