The attorney-in-fact or agent may not make a health care decision in any situation in which the principal's attending physician has determined in good faith that the principal has decisional capacity. The attending physician shall proceed as if there were no designation if the attorney-in-fact or agent is unavailable or refuses to make a health care decision.
S.D. Codified Laws § 59-7-2.6
Physician's determination of principal's decisional capacity
Source: SL 1990, ch 412, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.