§ 15-19-209 — Who may make anatomical gift of decedent's body or part

Colorado § 15-19-209

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Treatment of Human Bodies After Death

Text

(a)
Subject to subsections (b) and (c) of this section and unless barred by section 15-19-207 or 15-19-208, an anatomical gift of a decedent's body or part for purpose of
transplantation, therapy, research, or education may be made by any member of the
following classes of persons who is reasonably available, in the order of priority
listed:

(1) An agent of the decedent at the time of death who could have made an
anatomical gift under section 15-19-204 (2) immediately before the decedent's
death;

(2) The spouse of the decedent;

(2.5) A person who is designated by the decedent as a designated
beneficiary in a designated beneficiary agreement pursuant to article 22 of this title
15, with the right to be an agent to make, revoke, or object to anatomical gifts of the
decedent;

(3) Adult children of the decedent;

(4) Parents of the decedent;

(5) Adult siblings of the decedent;

(6) Adult grandchildren of the decedent;

(7) Grandparents of the decedent;

(8) An adult who exhibited special care and concern for the decedent;

(9) The persons who were acting as the guardians of the person of the
decedent at the time of death; and

(10) Any other person having the authority to dispose of the decedent's body.

(b) If there is more than one member of a class listed in subsection (a)(1),
(a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(9) of this section entitled to make an
anatomical gift, an anatomical gift may be made by a member of the class unless
that member or a person to which the gift may pass under section 15-19-211 knows
of an objection by another member of the class. If an objection is known, the gift
may be made only by a majority of the members of the class who are reasonably
available.

(c) A person may not make an anatomical gift if, at the time of the
decedent's death, a person in a prior class under subsection (a) of this section is
reasonably available to make or to object to the making of an anatomical gift.

Legislative History

Source: L. 2017: Entire part added with relocations, (SB 17-223), ch. 158, p. 544, � 1, effective August 9.