Revocation of Anatomical Gift Donation
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE REVISED CODE OF VIRGINIA
REVOCATION OF ANATOMICAL GIFTS
General Information (§ 32.1-290):
A person who is at least eighteen years of age, or a person under
eighteen years of age who has the written consent of his parent or
legal guardian may make an anatomical gift, limit an anatomical gift, or
refuse to make an anatomical gift donation.
An anatomical gift by a donor may be made by a document of
gift signed by the donor and execution of a document of gift shall be sufficient
to effect such a gift. If the donor cannot sign, the document of gift must
be 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.
An anatomical gift that is not revoked by the donor before death
is irrevocable and does not require the consent or concurrence of any person
after the donor's death.
Revocation or Amendment of Anatomical Gift
(§ 32.1-290):
A donor may amend or revoke an anatomical gift or donor document,
not made by will, by
- an oral statement made in the presence of two individuals,
- any form of communication during a terminal illness or injury,
- the delivery of a signed statement to a specified donee to whom a document
of gift has been delivered, or
- compliance with the relevant law, e.g., the Uniform Donor Document
pursuant to § 46.2-342 or the Health Care Decisions Act (§ 54.1-2981
et seq.).
Consent to Anatomical Gifts by Agents or Others
(§ 32.1-290.1)
Any member of the following classes of persons, 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, at the time of death,
has made an unrevoked refusal to make that anatomical gift:
- The spouse of the decedent;
- An adult son or daughter of the decedent;
- Either parent of the decedent;
- An adult brother or sister of the decedent;
- A grandparent of the decedent; and
- A guardian of the person of the decedent at the time of death.
An adult may be appointed by a person to make an anatomical gift of
all or any part of the declarant's body. Such an agent may be appointed
in a will or in an advance directive executed in compliance with the Health
Care Decisions Act (§ 54.1-2981 et seq.).
An anatomical gift by a person or by an appointed agent must be
made by a document of gift signed by the person, or the person's telegraphic,
recorded telephonic, or other recorded message, or other form of communication
from the person that is contemporaneously reduced to writing and signed
by the recipient.
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