Clarify the requirements for the execution of a living will declaration.
Impact
The introduction of SB164 marks a significant update in the legal framework governing living wills in South Dakota. By clearly defining the execution process, the bill aims to enhance the legal protection of individuals' decisions regarding their end-of-life care. This is particularly important, as it encourages more residents to engage in advance healthcare planning, ensuring that their wishes correlate accurately with state laws and practices, ultimately promoting patient rights and dignity in healthcare settings.
Summary
Senate Bill 164 aims to clarify the execution requirements for living wills in South Dakota. Specifically, it stipulates that a competent adult may execute a declaration regarding the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the individual or at their direction and requires two adult witnesses, or a notarization by a notary public. A key aspect of this bill is the emphasis on artificial nutrition and hydration preferences, which must be specified in the declaration to guide healthcare providers if the subject is unable to communicate their wishes.
Contention
While there is general support for SB164 in terms of providing clarity and legal standing to living wills, some stakeholders may raise concerns about the implications of stricter requirements. Opponents might argue that the necessity of two witnesses or notarization could create barriers for some individuals, particularly those in rural areas or those without access to notary services. The bill balanced concerns around unauthorized modifications or abuse with the need for individuals to express their wishes freely and without undue burden.