1. Gift by members of class; priority. Subject to subsections 2 and 3 and unless barred by subsection 4, an anatomical gift of a decedent‘s body or part for purposes of transplantation, therapy, research or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available:
A. An agent of the decedent at the time of death who could have made an anatomical gift under section 2944, subsection 2 immediately before the decedent’s death; [PL 2007, c. 601, §2 (NEW).]
B. The spouse of the decedent; [PL 2007, c. 601, §2 (NEW).]
C. The domestic partner of the decedent. For purposes of this section, “domestic partner” means a registered domestic partner or one of 2 unmarried adults who had been domiciled together under long-term arrangements that evidenced a commitment to remain responsible indefinitely for each other’s welfare, including evidence of an emotional, physical or financial relationship with the decedent similar to that of a spouse; [PL 2021, c. 567, §24 (AMD).]
D. Adult children of the decedent; [PL 2007, c. 601, §2 (NEW).]
E. Parents of the decedent; [PL 2007, c. 601, §2 (NEW).]
F. Adult siblings of the decedent; [PL 2007, c. 601, §2 (NEW).]
G. Adult grandchildren of the decedent; [PL 2007, c. 601, §2 (NEW).]
H. Grandparents of the decedent; [PL 2007, c. 601, §2 (NEW).]
I. An adult who exhibited special care and concern for the decedent who is familiar with the decedent’s personal values; [PL 2007, c. 601, §2 (NEW).]
J. The person or persons acting as the guardian of the person of the decedent at the time of death; and [PL 2007, c. 601, §2 (NEW).]
K. Any other person having the authority to dispose of the decedent’s body. [PL 2007, c. 601, §2 (NEW).]

[PL 2021, c. 567, §24 (AMD).]

Terms Used In Maine Revised Statutes Title 22 Sec. 2949

A. See Maine Revised Statutes Title 22 Sec. 2942
  • 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
  • Decedent: A deceased person.
  • Decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this chapter, a fetus. See Maine Revised Statutes Title 22 Sec. 2942
  • Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Part: means an organ, an eye or tissue of a human being. 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
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942
    • 2. Anatomical gift by member of class unless object. If there is more than one member of a class listed in subsection 1, paragraph A, D, E, F, G, H or J entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 2951 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

    [PL 2007, c. 601, §2 (NEW).]

    3. Member of prior class reasonably available. No person may make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection 1 is reasonably available to make or to object to the making of an anatomical gift.

    [PL 2007, c. 601, §2 (NEW).]

    4. Gift barred. An anatomical gift may not be made if doing so is barred by section 2947 or 2948.

    [PL 2007, c. 601, §2 (NEW).]

    SECTION HISTORY

    PL 2007, c. 601, §2 (NEW). PL 2021, c. 567, §24 (AMD).
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