§ 2713 — Manner of executing anatomical gifts

Delaware § 2713

• Jurisdiction: Delaware
• Title: 16
• Part: Regulatory Provisions Concerning Public Health
• Ch. 27: ANATOMICAL GIFTS AND STUDIES
• Subch.: Uniform Anatomical Gift Act

Text

(a) A gift of all or part of the body under § 2711(a) of this title 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.

(b) A gift of all or part of the body under § 2711(a) of this title may also be made by a document other than a will, including authorizing a statement or symbol indicating that the donor has made an anatomical gift to be recorded in a donor registry or on the donor’s driver’s license or identification card, or a card or other record signed by the donor. If the donor or other person making a gift is physically unable to sign a record, the record may be signed for the donor at the donor’s direction and in the donor’s presence and in the presence of 2 witnesses who must 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 gift valid. Revocation, suspension, expiration or cancellation under Title 21 of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(c) The gift may be made to a specified donee or without specifying a donee. A physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.

(d) Any gift by a person designated in § 2711(c) of this title shall be made by a document signed by the person or made by the person’s telegraphic, recorded, telephonic or other recorded message.

(e) A person who so directs the manner in which the person’s body or any part of the person’s body shall be disposed of shall receive no remuneration or other thing of value for such disposition.

(f) A document of gift is valid if executed in accordance with:

(1) This chapter;

(2) The law of the state or country where it was executed; or

(3) The law of the state or country where, at the time of execution of the document of gift, the person making the anatomical gift:

a. Is domiciled;

b. Has a place of residence; or

c. Is a citizen.

(g) If a document of gift is valid under this section, the law of Delaware governs interpretation of the document.

(h) A person may rely on a document of gift or amendment of an anatomical gift as being valid unless that person knows that it was not validly executed or was revoked.

Legislative History

24 Del. C. 1953, § 1783; 57 Del. Laws, c. 445, § 2 ; 59 Del. Laws, c. 330, § 1 ; 65 Del. Laws, c. 487, § 3 ; 67 Del. Laws, c. 360, § 1 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 453, § 4 ; 80 Del. Laws, c. 182, § 1