Statutory Uniform Anatomical Gift Act Donation By An Individual
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE DELAWARE CODE
ANATOMICAL GIFTS
(§§ 16-2710 through 16-2719)
Any individual of sound mind and 18 years of age or more or
an individual not of such age who has parental consent may give all or
any part of the individual's body for any statutorily allowed purpose.
An anatomical gift takes effect upon the donor's death. A married minor
may make an anatomical gift without parental consent.
"Parental consent" means written permission by any of the following
persons in order of priority stated below when persons of prior classes
are no longer living or no longer have contractual capacity and when there
is no notice to a donee of an objection, written or otherwise, by a person
of the same class:
Either parent;
A legal guardian;
Any individual having legal custody.
A gift of all or part of the body 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 nevertheless valid and effective.
A gift of all or part of the body may also be made by document other
than a will. The gift becomes effective upon the death of the donor. The
document, which may be a card designed to be carried on the person, must
be signed by the donor in the presence of two witnesses who need not be
in the presence of each other but 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 and in the presence
of two witnesses who must sign the document in the donor's presence.
Delivery of a document of gift during the donor's lifetime is not
necessary to make a gift valid.
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:
The execution and delivery to the donee of a signed statement;
An oral statement made in the presence of 2 persons and communicated
to the donee;
A statement during a terminal illness or injury addressed to an attending
physician and communicated to the donee; or A signed card or document
found on the person or in the person's effects.
Any document of gift which has not been delivered to the donee
may be revoked by the donor in the manner set above or by destruction,
cancellation or mutilation of the document and all executed copies of the
document.
Any 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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