Definitions
An "anatomical gift" is a donation of all or part of a human body to take effect on or after death.
A "document of gift" is a card, a statement attached to or imprinted on a motor vehicle driver's license, a will, or other writing used to make an anatomical gift.
Making an Anatomical Gift
Any individual of sound mind and 18 years of age or more may:
1. Make an anatomical gift;
2. Limit an anatomical gift; or
3. Refuse to make an anatomical gift.
An anatomical gift can be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses. the witnesses must sign at the direction of and in the presence of the donor and of each other.
An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after the death of the testator, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
Amending or Revoking an Anatomical Gift
A donor may amend or revoke an anatomical gift, not made by will, only by:
1. A signed statement.
2. An oral statement made in the presence of two witnesses.
3. Any form of communication during a terminal illness or injury addressed to a physician or surgeon.
4. The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills under RSA 551, or as set out above.
Delivery of Document of Gift
Delivery of a document of gift during the donor's lifetime is not required for the validity of an anatomical gift.
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Revocation of Anatomical Gift
