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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 52. Health Care Decisions Act
- Section 170. Making, Amending, Revoking, and Refusing to Make Anatomical Gifts By Individual.
previous: Section 160
. Determination of Qualifying Condition.
next: Section 180
. Making, Revoking, and Objecting to Anatomical Gifts By Others.
AS 13.52.170. Making, Amending, Revoking, and Refusing to Make Anatomical Gifts By Individual.
- (a) An individual who is at least 18 years of age may
- (1) make an anatomical gift for any of the purposes stated in AS 13.52.210(a);
- (2) limit an anatomical gift to one or more of those purposes; or
- (3) refuse to make an anatomical gift.
- (b) An anatomical gift may be made only by a document of gift signed by the donor. If the donor cannot sign, the document
of gift shall 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 signed at the direction and in the presence of the
donor and of each other.
- (c) If a document of gift is attached to or imprinted on a donor's motor vehicle driver's license, 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, or technician 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) Notwithstanding AS 13.52.020
, 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 physician or surgeon; or
- (4) the delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
- (g) Notwithstanding AS 13.52.020
, 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 (f) of this section.
- (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.
- (i) An individual may refuse to make an anatomical gift of the individual's body or part by
- (1) a writing signed in the same manner as a document of gift;
- (2) a statement attached to or imprinted on a donor's motor vehicle operator's or chauffeur's license;
- (3) any other writing used to identify the individual as refusing to make an anatomical gift;
- (4) during a terminal illness or injury, an oral statement or other form of communication.
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