Maryland Code, ESTATES AND TRUSTS 4-503
Terms Used In Maryland Code, ESTATES AND TRUSTS 4-503
- Adult: means an individual at least 18 years old. See
- Donor: The person who makes a gift.
- gift: includes an inter vivos gift, inter vivos endowment, bequest, devise, legacy, or testamentary endowment of any interest in real or personal property. See
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- minor: means an individual under the age of 18 years. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) (i) A donor who is an adult; or
(ii) A donor who is a minor, if the minor is:
1. Emancipated; or
2. Authorized under State law to apply for a driver’s license because the donor is at least 15 years and 9 months old;
(2) An agent of a donor, unless a power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) A parent of a donor, if the donor is an unemancipated minor; or
(4) A guardian of a donor.
(b) A donor may make an anatomical gift:
(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;
(2) By will;
(3) During a terminal illness or an injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) As provided in subsection (c) of this section.
(c) (1) A donor or other person authorized to make an anatomical gift under this section may make a gift by:
(i) A donor card or other record signed by the donor or other person making the gift; or
(ii) Authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry.
(2) If a donor or other person authorized to make an anatomical gift under this section is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
(i) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or other person; and
(ii) State that the record has been signed and witnessed as provided in item (i) of this paragraph.
(d) Revocation, suspension, expiration, or cancellation of a driver’s license or an identification card that indicates an anatomical gift does not invalidate the gift.
(e) (1) An anatomical gift made by will takes effect on the donor’s death whether or not the will is probated.
(2) If a will that makes an anatomical gift is invalidated after the donor’s death, the anatomical gift does not become invalid.
(f) On or after July 1, 2022, a person who elects to be a donor may designate any of the following purposes for the anatomical gift:
(1) Research and education; and
(2) Transplantation and therapy.
(g) (1) By July 1, 2022, the organ procurement organization or its designated affiliate shall produce and provide to each Motor Vehicle Administration location educational materials that include definitions of:
(i) Anatomical gift;
(ii) Research and education; and
(iii) Transplantation and therapy.
(2) Each Motor Vehicle Administration location shall prominently display the educational materials and make available the educational materials to prospective donors on request.
(h) The Motor Vehicle Administration shall adopt regulations by July 1, 2022, to carry out subsections (f) and (g) of this section.