2006 Kansas Code - 65-3210

      65-3210.   Persons who may execute an anatomical gift. (a) Any individual of sound mind and 18 years of age or more may give all or any part of such person's body for any purpose specified in K.S.A. 65-3211, and amendments thereto, the gift to take effect upon death.

      (b)   Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purpose specified in K.S.A. 65-3211, and amendments thereto:

      (1)   The agent for health care decisions established by a durable power of attorney for health care decisions pursuant to K.S.A. 58-625, et seq., and amendments thereto, if such power of attorney conveys to the agent the authority to make decisions concerning organ donation,

      (2)   the spouse,

      (3)   an adult son or daughter,

      (4)   either parent,

      (5)   an adult brother or sister,

      (6)   a guardian of the person of the decedent at the time of such person's death,

      (7)   any other person authorized or under obligation to dispose of the body.

      (c)   If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) may make the gift after or immediately before death.

      (d)   A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

      (e)   The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of K.S.A. 65-3215, and amendments thereto.

      History:   L. 1969, ch. 301, § 2; L. 1994, ch. 256, § 2; July 1.