2006 Kansas Code - 65-3212

      65-3212.   Manner of executing anatomical gifts. (a) A gift of all or part of the body under subsection (a) of K.S.A. 65-3210, and amendments thereto, 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.

      (b)   A gift of all or part of the body under subsection (a) of K.S.A. 65-3210, and amendments thereto, 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 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 in the presence of two witnesses who must sign the document in the donor's presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.

      (c)   The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.

      (d)   Notwithstanding subsection (b) of K.S.A. 65-3215, and amendments thereto, the donor may designate by will, card, or other document of gift the physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any physician for the purpose. The physician may direct an individual under such physician's supervision to carry out the appropriate procedures.

      (e)   Any gift by a person designated in subsection (b) of K.S.A. 65-3210, and amendments thereto, shall be made by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message.

      (f)   A technical defect in the documentation of the gift shall not invalidate any gift if the intent to give such gift is clearly ascertained.

      History:   L. 1969, ch. 301, § 4; L. 1994, ch. 256, § 3; July 1.