Anatomical Gift By Will
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.
Anatomical Gift by Document of Gift
A gift of all or part of the body may be made by document other than a will. The gift shall become effective in the same manner as a gift by will. The document of gift 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 or her presence. If the donor cannot sign, the document may be signed for him or her at his or her direction and in his or her presence and in the presence of two witnesses who must sign the document in his or her presence.
Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.
Deliver of Document of Gift
Delivery of the document of gift is not required for validity. However, 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.
Amendment or Revocation of Anatomical 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;
2. An oral statement made in the presence of two 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; or
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 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
