2006 Utah Code - 26-28-4 — Anatomical gifts by others -- Donations or revocations.

     26-28-4.   Anatomical gifts by others -- Donations or revocations.
     (1) Unless a person made an unrevoked refusal to make an anatomical gift, in accordance with Subsection 26-28-3(12), any of the following persons, in order of priority listed, may make an anatomical gift of all or a part of a decedent's body in accordance with this chapter:
     (a) the decedent's spouse;
     (b) the decedent's adult son or daughter;
     (c) either of the decedent's parents;
     (d) the decedent's brother or sister who is 18 years of age or older;
     (e) the decedent's grandparent; or
     (f) the decedent's court appointed guardian at the time of the decedent's death.
     (2) A person listed in Subsection (1) may not make an anatomical gift if:
     (a) a person in a prior class is available at the time of death to determine whether to make an anatomical gift;
     (b) he knows of a refusal or contrary indications made by the decedent; or
     (c) he knows of an objection to making an anatomical gift by a member of the person's class or a prior class.
     (3) A person authorized in accordance with this section may make an anatomical gift only by:
     (a) signing a document of gift;
     (b) making a telegraphic, facsimile, recorded telephonic, or other recorded message; or
     (c) making any other form of communication directed to and received simultaneously by two individuals, one of whom immediately reduces the communication to writing, and both individuals sign it.
     (4) A person of the same or prior class may revoke an anatomical gift made by a person authorized in accordance with Subsection (1) if the procurement entity knows of the revocation before a designee or employee of the entity has begun to physically remove the part.
     (5) A failure to make an anatomical gift under this section is not an objection to or refusal to the making of an anatomical gift.

Amended by Chapter 343, 1995 General Session