Any person who may make a will may give all or part of his or her body for any statutorily allowed purpose. An anatomical gift to takes effect upon death.
An anatomical gift may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift is nevertheless valid to the extent that it has been acted upon in good faith.
An anatomical gift may also be made by a document other than a will. The gift becomes effective upon the death of the donor. The document must be signed by the donor in the presence of two witnesses who shall sign the document in the donor's presence. If the donor cannot sign, the document may be signed for him or her at the donor's direction and in his or her presence and the presence of two witnesses who must sign the document in the donor's presence.
Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.
The statutory "Uniform Donor Card" is sufficient to make an anatomical gift.
If an anatomical gift is made through the program established by
the Agency for Health Care Administration and the Department of Highway
Safety and Motor Vehicles, the completed donor registration card must be
delivered to the Department of Highway Safety and Motor Vehicles.
If the donor withdraws the gift, the records of the Department
of Highway Safety and Motor Vehicles must be updated to reflect such withdrawal.
If a gift is not made through the program established by the Agency for Health Care Administration and the Department of Highway Safety and Motor Vehicles and is made by the donor to a specified donee, the document, other than a will, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift.
A donor may amend or revoke an anatomical gift by:
1. The execution and delivery to the donee of a signed statement.
2. An oral statement that is:a. Made to the donor's spouse; or
b. Made in the presence of two persons and communicated to the donor's family or attorney or to the donee.
3. A statement during a terminal illness or injury addressed to an attending physician, who must communicate the revocation of the gift to the procurement organization that is certified by the state.
4. A signed document found on the donor's person or in the donor's effects.
Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills.
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Revocation of Anatomical Gift Donation
