§ 5240 - Making, revoking and objecting to anatomical gifts, by others
§ 5240. Making, revoking and objecting to anatomical gifts, by others
(a) Any member of the following classes of individuals, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent has made an unrevoked refusal to make that anatomical gift:
(1) An individual appointed by the decedent, pursuant to an advance directive under chapter 231 of this title, to make an anatomical gift.
(2) The spouse of the decedent.
(3) The reciprocal beneficiary of the decedent.
(4) An adult son or daughter of the decedent.
(5) Either parent of the decedent.
(6) An adult brother or sister of the decedent.
(7) A grandparent of the decedent.
(8) An agent named in an advance directive.
(9) A guardian of the person of the decedent at the time of death.
(10) Any other individual authorized or under obligation to dispose of the body.
(b) Notwithstanding the order of priority set forth in subsection (a) of this section, a guardian may have a higher priority than an individual possessing a durable power of attorney if so determined by the probate court prior to the death of the individual pursuant to section 5264 of Title 18.
(c) An anatomical gift may not be made by an individual listed in subsection (a) of this section if any of the following applies:
(1) An individual in a prior class is available at the time of death to make an anatomical gift.
(2) The individual proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent.
(3) The individual proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the individual's class or a prior class.
(d) An anatomical gift by an individual authorized under subsection (a) of this section must be made in one of the following ways:
(1) A document of gift signed by the individual.
(2) The individual's telegraphic, recorded telephonic or other recorded message or other form of communication from the individual that is contemporaneously reduced to writing and signed by the recipient of the communication.
(e) An anatomical gift by an individual authorized under subsection (a) of this section may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, technician or enucleator removing the part knows of the revocation. (Added 1989, No. 273 (Adj. Sess.), § 3, eff. June 21, 1990; amended 1999, No. 91 (Adj. Sess.), § 31; 2005, No. 215 (Adj. Sess.), § 340.)