Virginia Code 32.1-291.5: Manner of making anatomical gift before donor’s death
A. A donor may make an anatomical gift:
Terms Used In Virginia Code 32.1-291.5
- 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.
- Person: means an individual, corporation, partnership, or association or any other legal entity. See Virginia Code 32.1-3
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
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. In a will;
3. During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults; or
4. As provided in subsection B.
B. A donor or other person authorized to make an anatomical gift under § 32.1-291.4 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person 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:
1. Be witnessed by at least two adults, who have signed at the request of the donor or the other person; and
2. State that it has been signed and witnessed as provided in subdivision 1.
C. Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
D. An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.