South Dakota § 34-26-53 - Amending or revoking anatomical gift before donor's death.
Full text of South Dakota South Dakota Codified Laws § 34-26-53 — Amending or revoking anatomical gift before donor's death., with citation guidance and answers to common questions.
§ 34-26-53. Amending or revoking anatomical gift before donor's death.
(a) Subject to § 34-26-55, a donor or other person authorized to make an anatomical gift under § 34-26-51 may amend or revoke an anatomical gift by:
(1) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to subsection (a)(1)(C) must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) State that it has been signed and witnessed as provided in paragraph (1).
(c) Subject to § 34-26-55, a donor or other person authorized to make an anatomical gift under § 34-26-51 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).
Source: SL 2007, ch 197, § 6.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34-26-53
What does South Dakota Codified Laws § 34-26-53 cover?
Section 34-26-53 ("Amending or revoking anatomical gift before donor's death.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 34-26-53?
A common citation format is "South Dakota Codified Laws § 34-26-53" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 34-26-53 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.