South Dakota § 34-12C-2 - Conditions authorizing health care decision by another--Determination by physician.
Full text of South Dakota South Dakota Codified Laws § 34-12C-2 — Conditions authorizing health care decision by another--Determination by physician., with citation guidance and answers to common questions.
§ 34-12C-2. Conditions authorizing health care decision by another--Determination by physician.
A health care decision by another is authorized under this chapter for an adult person who is incapable of giving informed consent to health care. A person is incapable of giving informed consent to health care if:
(1) A guardian has been appointed for him or he has otherwise been adjudged legally incompetent;
(2) A limited guardian has been appointed for him and the order of limited guardianship authorizes the limited guardian to make health care decisions on his behalf;
(3) It has been so determined by the circuit court as provided in § 34-12C-4; or
(4) It has been so determined in good faith by his attending physician, acting either alone or in consultation with another physician.
A determination by the attending physician that a person is incapable of giving informed consent is effective until there is a subsequent determination, either by the attending physician, or by the circuit court, that the person is either capable of giving informed consent or that the diagnosis upon which the determination of incapacity was based is no longer valid. The attending physician may decline to make a determination as to either a person's capacity or incapacity to give informed consent and a health care provider may, but need not, rely on any such determination.
Any determination by an attending physician shall be in writing, shall be signed by the attending physician and shall be made a part of the person's medical record.
Source: SL 1990, ch 222, § 2; SL 1993, ch 213, § 223.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34-12C-2
What does South Dakota Codified Laws § 34-12C-2 cover?
Section 34-12C-2 ("Conditions authorizing health care decision by another--Determination by physician.") 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 § 34-12C-2?
A common citation format is "South Dakota Codified Laws § 34-12C-2" (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 § 34-12C-2 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.