Any individual of sound mind and eighteen years of age or more may give all or any part of his body for any purpose specified in KRS 311.185. An anatomical gift takes effect up on death.
A gift of all or part of the body 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, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
A gift of all or part of the body may also be made by document other than a will. The gift becomes effective upon the death of the donor.
If the gift is made by the donor to a specified donee, the will, card, or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift.
If the will, card, or other document or executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke the gift by:
1.The execution and delivery to the donee of a signed statement, or
2. An oral statement made in the presence of two (2) persons and communicated to the donee, or
3. A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee, or
4. A signed card or document found on his person or in his effects.
Any document of gift which has not been delivered to the donee 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.
An anatomical gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as set out above.
Any gift of a transplantable organ identified by a will, card, or other document or executed copy thereof which stipulates remuneration of any type in return for the anatomical gift shall be null and void.
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Revocation of Anatomical Gift Donation
