STATUTORY REFERENCES
CALIFORNIA HEALTH AND SAFETY CODE, §§7150-7156.5
UNIFORM ANATOMICAL GIFT ACT
(HEALTH AND SAFETY CODE, §§ 7150-7156.5)
A "document of gift" is a card, a statement attached to or imprinted on a motor vehicle operator's or chauffeur's license, a will, or other writing used to make an anatomical gift.
Except as provided in §12811(b) and §13005(b) of the Vehicle Code, an individual who is at least 18 years of age, or an individual who is between 15 and 18 years of age may make an anatomical gift for any of the purposes set out in §7153.
An anatomical gift may be made only by one of the following:
1. A document of gift signed by the donor.
2. A document of gift signed by another individual and by two witnesses,
all of whom have signed at the direction and in the presence of the donor
and of each other, and state that it has been so signed.
3. A document of gift orally made by a donor by means of a tape recording
in his or her own voice.If a document of gift is attached to or imprinted on a donor's motor vehicle operator's or chauffeur's license, it is not invalidated by the
revocation, suspension, expiration, or cancellation of the license.
An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
A donor may amend or revoke an anatomical gift, not made by will,
only by one or more of the following:
1. A signed statement.
2. An oral statement made in the presence of two individuals or by means
of a tape recording in the donor's own voice.
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 or as
set out above.
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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Uniform Anatomical Gift Act Donation
