Any individual of sound mind who is at least eighteen years of age, or under eighteen years of age with parental consent, may give all or any part of his body for any statutorily allowed purpose.
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 all or part of the body may be made by document other than a will. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his presence or before a notary or other official authorized to administer oaths generally. The gift becomes effective upon the death of the donor.
If the donor cannot sign, the document may be signed for him at his direction and in his presence in the presence of two 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 anatomical 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 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.
A 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
