An individual of sound mind and 18 years of age or more may give all or any physical part of the individual's body for any purpose specified in section 10103. An anatomical gift takes effect upon death.
A gift of all or a physical 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 a physical part of the body may also be made by document other than a will. The gift becomes effective upon the death of the donor.
The document of gift, which may be a card designed to be carried on the person, shall be signed by the donor in the presence of 2 witnesses. The witnesses must sign the document in the donor's presence. If the donor cannot sign, the document of gift may be signed for the donor at his or her direction and in his or her presence in the presence of 2 witnesses who shall sign the document in the donor's presence.
Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.
An anatomical gift may be made to a specified donee or without specifying a donee.
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 any of the following methods:
1. The execution and delivery to the donee of a signed statement.
2. An oral statement made in the presence of 2 persons and communicated to the donee.
3. A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee.
4. A signed card or document found on the donor's person or in the donor's effects.
Any document of gift which has not been delivered to the donee may be revoked by the donor as set out above or by destruction, cancellation, or mutilation of the document of gift and all executed copies of the document of gift.
Any 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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Revocation of Anatomical Gift Donation
