2005 Minnesota Statutes

     525.9212 Making, revoking, and objecting to anatomical 
  gifts, by others. 

    (a) Any member of the following classes of persons, in the 
 order of priority listed, may make an anatomical gift of all or 
 a part of the decedent's body for an authorized purpose, unless 
 the decedent has made a refusal to make that anatomical gift 
 that is unrevoked at the time of death: 

    (1) the spouse of the decedent; 

    (2) an adult son or daughter of the decedent; 

    (3) either parent of the decedent; 

    (4) an adult brother or sister of the decedent; 

    (5) a grandparent of the decedent; and 

    (6) a guardian of the decedent at the time of death or a 
 health care agent or proxy appointed by the decedent under a 
 health care directive as defined in section 145C.01, a living 
 will under chapter 145B, or other similar document executed in 
 another state and enforceable under the laws of this state. 

    (b) An anatomical gift may not be made by a person listed 
 in paragraph (a) if: 

    (1) a person in a prior class is available at the time of 
 death to make an anatomical gift; 

    (2) the person proposing to make an anatomical gift knows 
 of a refusal or contrary indications by the decedent; or 

    (3) the person proposing to make an anatomical gift knows 
 of an objection to making an anatomical gift by a member of the 
 person's class or a prior class. 

    (c) An anatomical gift by a person authorized under 
 paragraph (a) must be made by (i) a document of gift signed by 
 the person, or (ii) the person's telegraphic, recorded 
 telephonic, or other recorded message, or other form of 
 communication from the person that is contemporaneously reduced 
 to writing and signed by the recipient. 

    (d) An anatomical gift by a person authorized under 
 paragraph (a) may be revoked by any member of the same or a 
 prior class if, before procedures have begun for the removal of 
 a part from the body of the decedent, the physician, surgeon, 
 technician, or enucleator removing the part knows of the 
 revocation. 

    (e) A failure to make a decision as to an anatomical gift 
 under paragraph (a) is not an objection to the making of an 
 anatomical gift. 

    HIST: 1991 c 202 s 29; 1998 c 399 s 36; 2005 c 10 art 4 s 23