Any individual who is competent to execute a will may give all or any part of his body for any of the purposes specified in R.S. 17:2353. An anatomical gift takes effect after death. The rights of the donee are superior to the rights of the surviving spouse and next of kin.
A gift of all or part of the body may be made by will, in which case the gift becomes effective at 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 a document other than a will. The document must be signed by the donor, in the presence of two witnesses who in turn shall sign the document in his presence. If the donor cannot sign in person, the document may be signed for him at his direction and in his presence, and in the presence of two witnesses who shall sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid. The gift becomes effective at the death of the donor.
If the document of gift has been delivered to a named donee, it may be revoked by either:
1. The execution and delivery to the donee or his agent of a revocation in writing signed by the donor, or
2. An oral statement of revocation made in the presence of two persons, communicated to the donee or his agent, or
3. A statement during a terminal illness addressed to the attending physician and communicated to the donee, or
4. A card or writing, signed by the donor and carried on his person or in his effects, revoking the gift.
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Anatomical Gift Donation
