Definitions
An "anatomical gift is a donation of all or part of a human body to take effect upon or after death.
A document of anatomical gift is a driver license or identification card endorsed with an appropriate code, a will, an advance directive or other signed document used to make an anatomical gift.
Donors
A capable individual who is at least 18 years of age may be the donor of an anatomical gift.
Anatomical Gift Requirements
An anatomical gift may be made by a document of anatomical gift signed by the donor.
If the donor cannot sign, the document of anatomical gift must be signed by another individual and two witnesses, all of whom have signed at the direction and in presence of the donor and of each other and state that it has been so signed.
An anatomical gift may be made by a designation to be provided on the driver license and identification card of an individual who is at least 18 years of age. The holder of a driver license or identification card desiring to be designated as a donor on the license or card must furnish a statement at the time of application for granting or renewing the license or card in the manner provided by the Department of Transportation. Signature of the license or card shall validate it as a document of anatomical gift. Revocation, cancellation or suspension of a driver license shall not invalidate the anatomical gift. Cancellation of a card or lapse of a license revokes the anatomical gift endorsement, which must be reinstated upon the reinstatement of the license or card. The form prepared by the Department of Transportation and incorporated in its application shall be in all respects a valid document of anatomical gift.
An anatomical gift by will takes effect upon death of the testator, whether the will is probated or not probated. If a will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
Amendment and Revocation
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 individuals;
3. Any form of communication during a terminal illness or injury addressed to a physician or surgeon;
4. In the case of an anatomical gift made by driver license or identification card application, lapse of the license or lapse or cancellation of the card or by a statement made and delivered in the manner specified by the Department of Transportation; or
Destruction, cancellation or mutilation of the document of anatomical gift in the case of an anatomical gift not made by driver license or identification card.
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, or as set out above.
An anatomical gift that is not revoked by the donor before death is irrevocable and:
1. Does not require the consent or concurrence of any person after the death of the donor.
2 .Shall not be subject to cancellation or substantial revision.
Delivery and Validity of Anatomical Gift
Delivery of a document of anatomical gift during the lifetime of a donor is not required for the validity of an anatomical gift.
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Anatomical Gift Act Donation
