West Virginia § 16-19-5 Manner of making anatomical gift before donor"s death

West Virginia Statutes

§ 16-19-5 — Manner of making anatomical gift before donor"s death

West Virginia·Ch. 16 PUBLIC HEALTH·Art. 19 ANATOMICAL GIFT ACT

(a)A donor may make an anatomical gift:

(1)By authorizing a statement or symbol to be imprinted on his or her driver’s license, identification card, or hunting or fishing license indicating that he or she has made an anatomical gift;

(2)In a will;

(3)During a terminal illness or injury, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(4)As provided in subsection (b) of this section.

(b)(1) A donor or a person authorized by §16-9-4 of this code may make a gift by:

(A)A donor card or other record signed by the donor or the authorized person; or

(B)Authorizing a statement or symbol indicating that the donor has made an anatomical gift to be included on a donor registry.

(2)If the donor or the authorized person

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(a) A donor may make an anatomical gift:

(1) By authorizing a statement or symbol to be imprinted on his or her driver’s license, identification card, or hunting or fishing license indicating that he or she has made an anatomical gift;

(2) In a will;

(3) During a terminal illness or injury, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(4) As provided in subsection (b) of this section.

(b) (1) A donor or a person authorized by §16-9-4 of this code may make a gift by:

(A) A donor card or other record signed by the donor or the authorized person; or

(B) Authorizing a statement or symbol indicating that the donor has made an anatomical gift to be included on a donor registry.

(2) If the donor or the authorized person is physically unable to sign a record, another individual may sign at the direction of the donor or the authorized person if the document of gift:

(A) Is witnessed and signed by at least two adults, at least one of whom is a disinterested witness; and

(B) Contains a statement that it has been signed and witnessed as required by paragraph (A) of this subdivision.

(c) Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by will takes effect upon the donor’s death regardless of whether the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

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