2006 Kentucky Revised Statutes - .195   Manner of executing anatomical gifts.

311.195 Manner of executing anatomical gifts. (1) A gift of all or part of the body under subsection (1) of KRS 311.175 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. (2) A gift of all or part of the body under subsection (1) of KRS 311.175 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 (2) witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence in the presence of two (2) 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. (3) A gift of all or part of the body under KRS 186.412 may also be made by a statement provided for on all Kentucky operators' licenses. The gift becomes effective upon the death of the owner. The statement must be signed by the owner of the motor vehicle or motorcycle license in the presence of two (2) witnesses, who must sign the statement in the presence of the donor. Delivery of the license during the donor's lifetime is not necessary to make the gift valid. The gift shall become invalidated upon expiration, cancellation, revocation, or suspension of the license, and the gift must be renewed upon renewal of each license. (4) 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. (5) Notwithstanding subsection (2) of KRS 311.225, the donor may designate in his will, card, or other document of gift the surgeon or 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 surgeon or physician for the purpose. (6) Any gift by a person designated in subsection (2) of KRS 311.175 shall be made by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message. Effective: January 1, 1975 History: Amended 1974 Ky. Acts ch. 15, sec. 2, effective January 1, 1975. -- Created 1970 Ky. Acts ch. 68, sec. 4, effective June 18, 1970.