General Information (§ 68-30-103)
Any person of sound mind and eighteen (18) years of age or more may give all or any part of such individual's body for any purpose specified in § 68-30-104.
An anatomical gift takes effect upon death.
Manner and Execution of Gift (§ 68-30-105)
An anatomical gift 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 valid and effective.
An anatomical gift of all or part of the body under § 68-30-103(a) may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document must be signed by the donor in the presence of two (2) witnesses who must sign the document in the donor's presence. If the donor cannot sign, the document may be signed for the donor at the donor's direction and in the donor's presence in the presence of two (2) witnesses who must 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.
Amendment or Revocation (§ 68-30-107)
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 (2) persons and communicated to the donee;
3. a statement during a terminal illness or injury addressed to an attending physician and
4. communicated to the donee; or
5. a signed card or document found on the donor's person or in the donor's effects.
A 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.
An anatomical gift made by a will may be amended or revoked in the manner provided for amendment or revocation of wills, or as set out above.
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Revised Uniform Anatomical Gift Act Donation
