{"data":{"id":"us-sd/sdcl-59-7-8","jurisdiction":"us-sd","citation":"SDCL § 59-7-8","heading":"Immunity.","body":"A physician or other health care provider as defined in subdivision 34-12C-1(5) acting in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is authorized by this chapter to make a health care decision for the principal or a physician or other health care provider declining to act in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is not authorized by this chapter to make a health care decision for the principal is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the attorney-in-fact or agent either had or did not have authority to make a health care decision or for disclosing to the attorney-in-fact or agent medical records or other information.\nA physician or other health care provider who in good faith believes that the principal has or does not have decisional capacity under § 59-7-2.6 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.\nA physician or other health care provider who in good faith makes a determination in a writing or other record that a principal is incapacitated as defined in § 59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.\nAn attorney, judge, or governmental official who in good faith makes a determination in a writing or other record that a principal is incapacitated within the meaning of § 59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.","path":["TITLE 59. AGENCY","CHAPTER 59-7. TERMINATION OF AGENCY"],"source_url":"https://sdlegislature.gov/Statutes/59-7-8","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"5fd6a6eeefbce8f66da65d0ca5b42879d09164c28c875bfc8ed02e98769cef12","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-59-7-7","next":"us-sd/sdcl-59-7-9"},"notice":"GroundRules: Original legal text. Not legal advice."}