A person who is 18 years or older and of sound mind wishing to authorize another person to control the disposition of his or her remains as referenced in § 34-26-75, may execute an affidavit before a notary public in substantially the following form:

State of _______________ }

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Terms Used In South Dakota Codified Laws 34-26-77

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

County of ______________ }

I, __________________, do hereby designate ____________________ with the right to control the disposition of my remains upon my death. I __ have/ __ have not attached specific directions concerning the disposition of my remains which the designee shall substantially comply with, provided such directions are lawful and there are sufficient resources in my estate to carry out the directions.

Subscribed and sworn to before me this ___ day of the month of _____ of the year _____.

______________________ (signature of notary public)

Source: SL 2022, ch 113, § 4.