(a)        A person authorized to make an anatomical gift under N.C. Gen. Stat. § 130A-412.11 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(b)        Subject to subsection (c) of this section, an anatomical gift by a person authorized under N.C. Gen. Stat. § 130A-412.11 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under N.C. Gen. Stat. § 130A-412.11 may be:

(1)        Amended only if a majority of the reasonably available members agrees to the amending of the gift; or

(2)        Revoked only if a majority of the reasonably available members agrees to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

(c)        A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a body part from the donor‘s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. (2007-538, s. 1.)

Terms Used In North Carolina General Statutes 130A-412.12

  • 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.