How to Become an Organ Donor in South Dakota

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Hundreds of South Dakota residents are currently waiting for donated organs. (See South Dakota’s waiting list for precise numbers.) To be part of the solution to the ongoing need for donated organs and tissues, take the following steps to become a donor after your death.

1. Sign Up at the South Dakota Organ Donor Registry

To confirm your intention to be an organ donor, begin by registering with the state organ donor database. In South Dakota, you can register by:

If you register using your driver’s license or ID card application, the word “DONOR” will appear on the front of your card. If you mail in your registration, you will be sent a sticker to add to your card.

After your death, medical personnel will search the state donor registry and easily locate your wish to be a donor.

For more information, see Donate Life South Dakota.

2. Include Organ Donation in Your Health Care Power of Attorney

In addition to signing up with the South Dakota organ donor registry and using your driver’s license to indicate that you want to be an organ donor, it’s a good idea to include your desire to donate in your important estate planning documents, especially your durable power of attorney for health care. (It’s not always helpful to include your organ donation wishes in your will, because it may not be found and read until it is too late to donate.) Covering these bases helps to ensure that your wishes will be known and followed.

For additional information, see South Dakota Living Wills and Durable Powers of Attorney for Health Care: What You Need to Know.

3. Tell Others That You Are an Organ Donor

If you’ve documented your wishes to be an organ and tissue donor, your wishes must be honored whether or not others agree with your choice. (South Dakota Codified Laws § 34-26-55.) Nevertheless, to avoid confusion or delays, it’s important to tell others that you feel strongly about donating your organs. Consider discussing the matter with family members, your health care providers, your clergyperson if you have one, and close friends.

If you don’t document your intention to be an organ donor, these conversations are critical, because your next of kin will make the decision about whether or not to donate your organs. (See below.)

How to Donate Your Whole Body in South Dakota

Many medical schools and other institutions seek donations of whole bodies for research and instruction. You can make arrangements to donate your body to science by directly contacting an interested medical school or whole body donation organization.

For more information about donating your body to science in South Dakota, you may contact one of the programs on this list of body donation programs in the United States. You can also contact a national whole body donation organization such as the Life Legacy Foundation.

If You Don’t Want to Be an Organ Donor in South Dakota

If for any reason you feel strongly that you do not want to be an organ donor, you should put those wishes in writing. If you don’t, your family members may consent to the donation of your organs after your death.

Write down your instructions in a signed, dated document -- perhaps in your health care power of attorney -- and be sure your family and health care providers know that you choose not to be an organ donor. If they know of your wishes, they are legally barred from donating any part of your body. (South Dakota Codified Laws § 34-26-54.)

If You Don’t Make the Decision, Who Will?

If you don’t leave instructions about organ donation, South Dakota law decides who will make the decision for you after your death. When a minor dies, the right to decide about organ donation goes to the child’s parents. For adults, the right goes to the following people, in order:

  • your agent, if you appointed one, unless the appointing document explicitly withholds this power
  • your spouse
  • your adult children
  • your parents
  • your adult siblings
  • your adult grandchildren
  • your grandparents
  • an adult who exhibited special care and concern for you
  • the people who were acting as your “guardians of the person” at the time of your death, or
  • any other person who has the authority to handle the disposition of your body.

(South Dakota Codified Laws § 34-26-56.)

If you have any concerns that the right to make decisions about donating your organs would go to a person other than the one you would choose, don’t procrastinate: Take the time to document your own decision about organ donation.

For More Information

To learn more about organ donation, see the website of the U.S. Department of Health and Human Services at OrganDonor.gov.

Also, learn more estate planning, organ donation, funerals, and memorials on the Getting Your Affairs in Order section of Nolo.com.

by: , J.D.

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