South Dakota § 34-12C-4 - Court-ordered health care--Conditions.
Full text of South Dakota South Dakota Codified Laws § 34-12C-4 — Court-ordered health care--Conditions., with citation guidance and answers to common questions.
§ 34-12C-4. Court-ordered health care--Conditions.
If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, appoint its own representative to make the decision, or order any other appropriate relief.
However, the circuit court may act only if it makes a further finding that:
(1) There is no person available to consent; or
(2) There are two or more persons in the same class available to consent and their decision is not unanimous; or
(3) The person seeking to make the health care decision is not authorized to do so, is not reasonably available, is not able to make an informed decision, lacks capacity, or is not acting as required by § 34-12C-3; or
(4) The health care provider has declined to follow the direction of a person authorized to make the health care decision; or
(5) There are other substantial reasons for the circuit court's intervention; and
(6) The relief granted is not inconsistent with the incapacitated person's express wishes, if known, and is otherwise in his best interest.
Source: SL 1990, ch 222, § 4.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34-12C-4
What does South Dakota Codified Laws § 34-12C-4 cover?
Section 34-12C-4 ("Court-ordered health care--Conditions.") 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-4?
A common citation format is "South Dakota Codified Laws § 34-12C-4" (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-4 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.