For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult based upon a previously executed declaration, do-not-resuscitate order, or a power of attorney for health care; a decision to not seek medical care for an elder or disabled adult if otherwise authorized by law; or the failure to provide goods and services outside the means available for the elder or disabled adult.
S.D. Codified Laws § 22-46-1.1
Neglect--Exclusions from definition
Applied in 1 court decision — leading case Bruggeman v. Ramos (2022)
Most recently applied in Bruggeman v. Ramos (March 2022)
Source: SL 2007, ch 147, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.