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Massachusetts Anatomical Gift Act Law

Uniform Anatomical Gift - General - Massachusetts

Related to Uniform Anatomical Gift

A person of sound mind and who is eighteen years of age or older may make a gift of all or any part of his body for any purposes specified by statute.  An anatomical gift takes effect upon the donor's death, or, in the case of a living donor, at such time prior to his death as he may specify.

An anatomical gift of all or part of the body may be made by will. Such gift becomes effective upon the death of the testator. 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 valid and effective.

An anatomical gift of all or part of the body may also be made by a document other than a will. Such gift shall become effective upon the death of the donor.

An anatomical gift may be made to a specified donee or without specifying a donee.

If the will, card or other document of gift, or an 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 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.

A 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 of gift.

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.

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