2005 Vermont Code - § 5239. — Making, amending, revoking and refusing to make anatomical gifts by an individual

§ 5239. Making, amending, revoking and refusing to make anatomical gifts by an individual

(a) An individual who is at least 18 years of age may:

(1) Make an anatomical gift for any of the purposes stated in section 5242 of this title.

(2) Limit an anatomical gift to one or more of those purposes.

(3) Refuse to make an anatomical gift.

(b) An anatomical gift may be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and state that it has been so signed.

(c) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's license, the document of gift must comply with subsection (b) of this section. Revocation, suspension, expiration or cancellation of the license does not invalidate the anatomical gift.

(d) An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

(e) A donor may amend or revoke an anatomical gift, not made by will, only by one of the following methods:

(1) A signed statement.

(2) An oral statement made in the presence of two individuals.

(3) Any form of communication during a terminal illness or injury addressed to a physician.

(4) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

(f) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (e) of this section.

(g) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death.

(h) An individual may refuse to make an anatomical gift of the individual's body or part by any one of the following:

(1) A writing signed in the same manner as a document of gift.

(2) A statement attached to or imprinted on the donor's Vermont motor vehicle operator's license.

(3) Any other writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication. (Added 1989, No. 273 (Adj. Sess.), § 2, eff. June 21, 1990; amended 1993, No. 122 (Adj. Sess.), § 1.)