525.9211 MAKING, AMENDING, REVOKING, AND REFUSING TO MAKE
ANATOMICAL GIFTS BY INDIVIDUAL.
Subdivision 1. Title.
This section may be cited as the "Darlene Luther Anatomical Gift Act."
Subd. 2. Requirements.
(a) An individual who is at least 18 years of age, or a minor with
the written consent of a parent or legal guardian, may (i) make an anatomical gift for any of the
purposes stated in section
525.9215, paragraph (a)
, (ii) limit an anatomical gift to one or more
of those purposes, or (iii) refuse to make an anatomical gift.
(b) An anatomical gift may be made by a will or by a document of gift signed by the donor.
If the donor cannot sign, the document of gift must be signed by another individual and by two
witnesses, all of whom have signed at the direction and in the presence of the donor and of
each other, and state that it has been so signed.
(c) If a document of gift is attached to or imprinted on a donor's motor vehicle operator's or
chauffeur's license, the document of gift must comply with paragraph (b). Revocation, suspension,
expiration, or cancellation of the license does not invalidate the anatomical gift.
(d) A document of gift may designate a particular physician or surgeon to carry out the
appropriate procedures. In the absence of a designation or if the designee is not available, the
donee or other person authorized to accept the anatomical gift may employ or authorize any
physician, surgeon, technician, or enucleator to carry out the appropriate procedures.
(e) An anatomical gift by will takes effect upon death of the testator, whether or not the will
is probated. If, after death, the will is declared invalid for testamentary purposes, the validity
of the anatomical gift is unaffected.
(f) A donor may amend or revoke an anatomical gift, not made by will, only by:
(1) a signed statement;
(2) an oral statement made in the presence of two individuals;
(3) any form of communication during a terminal illness or injury addressed to a health
care professional or member of the clergy; or
(4) the delivery of a signed statement to a specified donee to whom a document of gift
had been delivered.
(g) The donor of an anatomical gift made by will may amend or revoke the gift in the manner
provided for amendment or revocation of wills, or as provided in paragraph (f).
(h) An anatomical gift that is not revoked by the donor before death is irrevocable and does
not require the consent or concurrence of any person after the donor's death. An anatomical gift
designation made by a will, a designation on a driver's license or Minnesota identification card
made under section
171.07, subdivision 5
, or a health care directive under chapter 145C, and not
revoked, establishes the intent of the person making the designation and may not be overridden by
any other person. For a donor's revocation of an anatomical gift made by a document of gift to be
valid, the donor must use one of the methods of revocation in paragraph (f).
(i) An individual may refuse to make an anatomical gift of the individual's body or part by
(i) a writing signed in the same manner as a document of gift, or (ii) any other writing used to
identify the individual as refusing to make an anatomical gift. During a terminal illness or injury,
the refusal may be an oral statement or other form of communication.
(j) In the absence of contrary indications by the donor, an anatomical gift of a part is neither
a refusal to give other parts nor a limitation on an anatomical gift under section
or on a
removal or release of other parts under section
(k) In the absence of contrary indications by the donor, a revocation or amendment of an
anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to
be a refusal to make an anatomical gift, the donor shall make the refusal pursuant to paragraph (i).
History: 1991 c 202 s 28; 2002 c 349 s 2