Montana Code 72-17-208. Document of gift — delivery — validity
72-17-208. Document of gift — delivery — validity. (1) Delivery of a document of gift during the donor‘s lifetime is not required for the validity of an anatomical gift.
Terms Used In Montana Code 72-17-208
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Anatomical gift: means a donation of all or part of a human body to take effect upon or after death for the purposes of transplantation, therapy, research, or education. See Montana Code 72-17-102
- Document of gift: means any of the following methods used to make an anatomical gift:
(a)a card;
(b)a statement attached to or imprinted on a driver's license, identification card, or donor registry;
(c)a will or other writing; or
(d)a witnessed oral statement. See Montana Code 72-17-102
- Donee: The recipient of a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See Montana Code 72-17-102
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Hospital: means a facility licensed, accredited, or approved under the laws of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state. See Montana Code 72-17-102
- Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, limited liability company, public corporation, instrumentality, or any other legal or commercial entity. See Montana Code 72-17-102
- Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Montana Code 72-17-102
- Refusal: means a record created under 72-17-201 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Montana Code 72-17-102
- State: means a state, territory, or possession 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 Montana Code 72-17-102
(2)If an anatomical gift is made to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures after death. A document of gift or a refusal to make an anatomical gift or a copy may be deposited in any hospital, procurement organization, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of an interested person, upon or after the donor‘s death, the person in possession shall allow the interested person to examine or copy the document of gift or the refusal to make an anatomical gift.
(3)A document of gift is valid if executed in accordance with:
(a)this chapter;
(b)the laws of the state or country where it was executed; or
(c)the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(4)If a document of gift is valid under this section, the laws of this state govern the interpretation of the document of gift.
(5)A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.