1. Donor.  A donor may make an anatomical gift:
A. By authorizing inclusion in the donor registry; [2007, c. 601, §2 (NEW).]

B. In a will; or [2007, c. 601, §2 (NEW).]

C. During a terminal illness or injury of the donor, by any form of communication addressed to at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness. [2007, c. 601, §2 (NEW).]

[ 2007, c. 601, §2 (NEW) .]

Terms Used In Maine Revised Statutes Title 22 Sec. 2945

  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research or education. See Maine Revised Statutes Title 22 Sec. 2942
  • Disinterested witness: means a witness other than the spouse, registered domestic partner, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual and who is familiar with the individual's personal values. See Maine Revised Statutes Title 22 Sec. 2942
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942
  • Donor registry: means the Maine Organ Donor Registry maintained under Title 29-A, section 1402-A as well as any other electronic database that identifies donors and complies with section 2958. See Maine Revised Statutes Title 22 Sec. 2942
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Identification card: means a nondriver identification card issued by the Secretary of State under Title 29-A, section 1410. See Maine Revised Statutes Title 22 Sec. 2942
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 22 Sec. 2942
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 22 Sec. 2942
  • Sign: means , with the present intent to authenticate or adopt a record:
A. See Maine Revised Statutes Title 22 Sec. 2942
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 22 Sec. 2942
  • 2. Donor or other authorized person.  A donor or other person authorized to make an anatomical gift under section 2944 may make a gift by a donor card, advance directive or other record signed by the donor or other person making the gift authorizing inclusion in the 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 the other person and must:
    A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and [2007, c. 601, §2 (NEW).]

    B. State that it has been signed and witnessed as provided in paragraph A. [2007, c. 601, §2 (NEW).]

    [ 2007, c. 601, §2 (NEW) .]

    3. Anatomical gift not invalidated.  Revocation, suspension, expiration or cancellation of the driver’s license or identification card issued to a donor does not invalidate an anatomical gift.
    [ 2007, c. 601, §2 (NEW) .]

    4. Anatomical gift by will.  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.
    [ 2007, c. 601, §2 (NEW) .]

    SECTION HISTORY

    2007, c. 601, §2 (NEW).