§ 72-17-208 — Document Of Gift -- Delivery -- Validity

72-17-208 . Document of gift -- delivery -- validity. (1) Delivery of a document of gift during the donor's lifetime is not required for the validity of an anatomical gift.
(2) If an anatomical gift is made to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures after death. A document of gift or a refusal to make an anatomical gift or a copy may be deposited in any hospital, procurement organization, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of an interested person, upon or after the donor's death, the person in possession shall allow the interested person to examine or copy the document of gift or the refusal to make an anatomical gift.
(3) A document of gift is valid if executed in accordance with:
(a) this chapter;
(b) the laws of the state or country where it was executed; or
(c) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(4) If a document of gift is valid under this section, the laws of this state govern the interpretation of the document of gift.
(5) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

Legislative History

En. Sec. 5, Ch. 340, L. 1969; R.C.M. 1947, 69-2319; amd. Sec. 7, Ch. 540, L. 1989; amd. Sec. 10, Ch. 345, L. 2007.