§ 34-12C-4 Court-ordered health care--Conditions.

SD Codified L § 34-12C-4 (2019) (N/A)

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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.

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§ 34-12C-3 Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician.

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§ 34-12C-5 Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court-ordered investigation.