Power of Attorney and Health Care – General – South Dakota
Document of Gift
An anatomical gift may be made by document other than a will. The gift becomes effective upon the death of the donor.
If the donor cannot sign, the document may be signed for him at his direction and in his presence in the presence of two witnesses who must sign the document in his presence.
Delivery of the document of gift during the donor’s lifetime is not necessary to make the gift valid.
Amendment or Revocation of Anatomical Gift (§ 34-26-53)
If the document of gift has been delivered to a specified donee, the donor may amend or revoke the gift by: The execution and delivery to the donee of a signed statement, or An oral statement made in the presence of two persons and communicated to the donee, or A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee, or A signed card or document found on his person or in his effects.
If the document of gift has not been delivered to the donee, it may be revoked by the donor in the manner set out above or by destruction, cancellation, or mutilation of the document and all executed copies of the document.
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