2006 Ohio Revised Code - 2108.04. Gift may be made by will or other document.

§ 2108.04. Gift may be made by will or other document.
 

(A)  An individual eighteen years of age or older may make an anatomical gift by will under division (A) of section 2108.02 of the Revised Code. The anatomical 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 anatomical gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective. 

(B) (1)  An individual may also make an anatomical gift under division (A) of section 2108.02 of the Revised Code by a document other than a will. The anatomical gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, shall be signed by the donor in the presence of two witnesses who shall 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 presence of two witnesses, having no affiliation with the donee, who shall 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 anatomical gift valid. 

(2) If a person less than eighteen years of age wishes to make an anatomical gift under division (B)(1) of this section, one of the witnesses who signs the document shall be a parent or guardian of that person. 

(3) An individual who is a declarant may make an anatomical gift under division (A) of section 2108.02 of the Revised Code by specifying in the declaration the intent of the declarant to make an anatomical gift as provided in section 2133.16 of the Revised Code. A declaration that specifies the intent of a declarant to make an anatomical gift and satisfies the requirements of section 2133.02 of the Revised Code is considered as having satisfied the requirements of division (B)(1) of this section. The declaration is subject to sections 2108.01 to 2108.12 of the Revised Code to the extent that the declaration specifies the intent of the declarant to make an anatomical gift. 

As used in division (B)(3) of this section, "declarant" and "declaration" have the same meanings as in section 2133.01 of the Revised Code. 

(C)  An anatomical gift under division (A) of section 2108.02 of the Revised Code may also be made by a designation, to be provided for on all Ohio driver's or commercial driver's licenses and motorcycle operator's licenses or endorsements, and on all identification cards. The anatomical gift becomes effective upon the death of the donor. The holder of the driver's or commercial driver's license or endorsement, or the holder of the identification card must sign a statement at the time of application or renewal of the license, endorsement, or identification card; except that when the holder of the license or card is less than eighteen years of age, the statement also shall be signed by a parent or guardian of the holder. Delivery of the license or identification card during the donor's lifetime is not necessary to make the anatomical gift valid. Revocation, suspension, or expiration of the license or endorsement will not invalidate the anatomical gift. The anatomical gift must be renewed upon renewal of each license, endorsement, or identification card. 

(D)  Except as provided in section 2108.07 of the Revised Code, the donee or other person authorized to accept the anatomical gift may employ or authorize any surgeon or physician to carry out the appropriate procedures. 

(E)  Any anatomical gift by a person specified in division (B) of section 2108.02 of the Revised Code shall be made in one of the following ways: 

(1) By a document signed by the person; 

(2) By telegram; 

(3) By a telephone call in which two persons receive the message and one of them prepares written documentation of the message, or by a telephone call that is recorded mechanically or electronically. 

(F)  A valid declaration of an anatomical gift made under division (A), (B), or (C) of this section prevails over any contrary desires of the donor's family regarding the donor's corpse, but nothing in this section shall be construed as requiring a donee to accept an anatomical gift. 
 

HISTORY: 133 v H 51 (Eff 11-6-69); 136 v H 650 (Eff 1-5-76); 137 v S 294 (Eff 6-2-78); 140 v S 302 (Eff 10-1-84); 143 v H 381 (Eff 7-1-89); 143 v H 529 (Eff 10-30-89); 143 v H 21 (Eff 3-27-91); 148 v S 188 (Eff 12-13-2000); 149 v S 158. Eff 11-21-2001; 150 v H 392, § 1, eff. 9-16-04.

 

Effect of Amendments

150 v H 392, effective September 16, 2004, added (B)(3).