Any individual of sound mind and at least 16 years of age can make an anatomical gift of all or any part of that individual's body for any purposes specified by statute. An anatomical gift takes effect upon 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 any part of the body may be made by document other than a will. The gift becomes effective upon the death of the donor and upon acceptance by the donee. The document, which may be a card designed to be carried on the person, must be signed by the donor, in the presence of 2 witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence, and in the presence of 2 witnesses who must 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.
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, but 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 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 that 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.
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Donation of Anatomical Gift
