Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.
ARTICLE 6
REVISED UNIFORM ANATOMICAL GIFTS
44-5-143. Method to make an anatomical gift.
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A donor may make an anatomical gift:
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By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
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In a will;
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During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness;
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By granting power pursuant to a durable power of attorney for health care or advance directive for health care under Chapter 32 of Title 31; or
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As provided in subsection (b) of this Code section.
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A donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
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Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
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State that it has been signed and witnessed as provided in paragraph (1) of this subsection.
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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.
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An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
(Code 1981, §44-5-143, enacted by Ga. L. 2008, p. 503, § 1/SB 405.)
Cross references.
- Forms for making of anatomical gifts upon issuance or renewal of driver's license,
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40-5-6.
Wills generally, Ch. 2, T. 53.
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 2008, in paragraph (a)(3), "or" was deleted from the end, and in paragraph (a)(4), "; or" was substituted for a period at the end.
RESEARCH REFERENCES
ALR.
- Validity and effect of testamentary direction as to disposition of testator's body, 7 A.L.R.3d 747.
Tort liability of physician or hospital in connection with organ or tissue transplant procedures, 76 A.L.R.3d 890.