Michigan Laws 333.10107 – Refusal to make anatomical gift; means
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Terms Used In Michigan Laws 333.10107
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Michigan Laws 333.10102
- Body part: means an organ, eye, or tissue of a human being. See Michigan Laws 333.10102
- Disinterested witness: means a witness who is not a spouse, child, parent, sibling, grandchild, grandparent, or guardian of or other adult who exhibited special care and concern for the individual who makes, amends, revokes, or refuses to make an anatomical gift. See Michigan Laws 333.10102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Probate: Proving a will
- 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 Michigan Laws 333.10102
- Refusal: means a record created under section 10107 that expressly refuses to make an anatomical gift of an individual's body or body part. See Michigan Laws 333.10102
- Sign: means that, with the present intent to authenticate or adopt a record, an individual does either of the following:
(i) Executes or adopts a tangible symbol. See Michigan Laws 333.10102State: 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 Michigan Laws 333.10102
(1) An individual may refuse to make an anatomical gift of his or her body or body part by any of the following means:
(a) A record signed by either of the following:
(i) The individual.
(ii) Subject to subsection (2), another individual acting at the direction of the individual if the individual is physically unable to sign.
(b) The individual’s will, whether or not the will is admitted to probate or invalidated after his or her death.
(c) Any form of communication made by the individual during his or her terminal illness or injury addressed to at least 2 adults, at least 1 of whom is a disinterested witness.
(2) A record signed pursuant to subsection (1)(a)(ii) shall meet all of the following requirements:
(a) Be witnessed by at least 2 adults, at least 1 of whom is a disinterested witness, who have signed at the request of the individual.
(b) State that it has been signed and witnessed as provided in subdivision (a).
(3) An individual who has made a refusal may amend or revoke the refusal by any of the following means:
(a) In the manner provided in subsection (1) for making a refusal.
(b) By subsequently making an anatomical gift pursuant to section 10105 that is inconsistent with the refusal.
(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(4) Except as otherwise provided in section 10108(8), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of his or her body or body part bars all other persons from making an anatomical gift of the individual’s body or body part.