Anatomical Gift Act Donation
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE GEORGIA CODE
GEORGIA ANATOMICAL GIFT ACT
(§§ 44-5-140 through 44-5-151)
An anatomical 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.
An anatomical gift of all or part of the body may also be made by
a document of gift other than a will. A "document of gift" means
a document other than a will.
Unless the gift is deemed medically unsuitable, the gift becomes
effective and irrevocable upon the death of the donor and does not require
the consent or concurrence of any Other person after the donor's death.
The document of gift, which may be a card designed to be carried
on the person, must be signed by the donor. If the donor cannot sign,
the document of gift may be signed for him at his direction and in his
presence and in the presence of two witnesses who must sign the document
in his presence.
Delivery of the document of gift during the donor's lifetime is
not necessary to make the gift valid.
The gift may be made to a specified donee or an unspecified donee.
If the gift is made by the donor to a specified donee, the document
of gift or an executed copy thereof may be delivered to the donee
to expedite the appropriate procedures immediately after death. Delivery
is not necessary to the validity of the gift.
If the document of gift or an 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 two persons and communicated
to the donee;
A statement during a terminal illness or injury, which statement is
addressed to an attending physician and communicated to the donee; or
A signed card or document found on his person or in his effects.
Any 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 the destruction,
cancellation, or mutilation of the document and all executed copies of
the document.
A gift made by a will may also be amended or revoked in the manner
provided for the amendment or revocation of wills or as set out above.
Note: All Information and Previews are subject to the Disclaimer
located on the main forms page, and also linked at the bottom of all search
results.