A competent individual who is at least eighteen years of age, or a minor fourteen through seventeen years of age with written consent of a parent or legal guardian, may make an anatomical gift for one or more of the purposes listed in section 142C.5, may limit an anatomical gift to one or more of the purposes listed in section 142C.5, or may refuse to make an anatomical gift, the gift to take effect upon the death of the donor.
An anatomical gift may be made only by completion of a document of gift (or as otherwise provided by law).
If the prospective donor is a minor fourteen through seventeen years of age, a document of gift must be signed by the minor and the minor's parent or legal guardian. If the donor is unable to sign the document, the document of gift shall be signed by another individual and by two witnesses, all of whom sign at the direction and in the presence of the donor, the other individual, and the two witnesses. The document of gift must provide certification that the document has been executed in the prescribed manner.
A document of gift by will takes effect upon the death of the testator, whether or not the will is probated. For the purposes of a document of gift by will, invalidation of the will for testamentary purposes does not result in the invalidation of the document of gift.
A donor may amend or revoke a document of gift by any of the following means:
1. A signed statement, executed by the donor.
2. An oral statement made by the donor in the presence of two individuals.
3. Any form of communication during a terminal illness or injury addressed to a health care professional, licensed or certified pursuant to chapter 148, 148C, 150A, or 152.
The delivery of a written statement, signed by the donor, to a specified donee to whom a document of gift has been delivered.
Validity of an anatomical gift does not require delivery of the document of gift during the donor's lifetime.
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