Section 194.220

Title XII PUBLIC HEALTH AND WELFARE

Chapter 194

Effective - 28 Aug 2002, 3 histories, see footnote   (history) 

  194.220.  Persons who may execute an anatomical gift. — 1. Any individual of sound mind who is at least eighteen years of age may give all or any part of his or her body for any purpose specified in section 194.230, the gift to take effect upon death. Any individual who is a minor and at least sixteen years of age may effectuate a gift for any purpose specified in section 194.230, provided parental or guardian consent is deemed given. Parental or guardian consent shall be noted on the minor's donor card, application for the donor's instruction permit or driver's license, or other document of gift. An express gift that is not revoked by the donor before death is irrevocable, and the donee shall be authorized to accept the gift without obtaining the consent of any other person. The provisions of this subsection, relating to allowing a minor who is at least sixteen years of age to effectuate a gift for any purpose specified in section 194.230, through the driver's license or instruction permit application process, shall be effective July 1, 2003.

  2. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual knowledge of a gift by the decedent pursuant to subsection 1 of this section or actual notice of contrary indications by the decedent or of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purpose specified in section 194.230:

  (1) An attorney-in-fact under a durable power of attorney that expressly refers to making a gift of all or part of the principal's body pursuant to the uniform anatomical gift act;

  (2) The spouse;

  (3) An adult son or daughter;

  (4) Either parent;

  (5) An adult brother or sister;

  (6) A guardian of the person of the decedent at the time of his or her death;

  (7) Any other person authorized or under obligation to dispose of the body.

  3. If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection 2 of this section may make the gift after or immediately before death.

  4. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

  5. The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection 4 of section 194.270.

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(L. 1969 S.B. 43 § 2, A.L. 1989 H.B. 145, A.L. 1996 H.B. 811, A.L. 2002 S.B. 1026 § 194.220 merged with § 1)