(a) A document of gift need not be delivered during the donor's lifetime to be effective.

Terms Used In West Virginia Code 16-19-13

  • 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 West Virginia Code 16-19-3
  • Decedent: A deceased person.
  • decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this article, a fetus. See West Virginia Code 16-19-3
  • Document of gift: means a donor card or other record used to make an anatomical gift. See West Virginia Code 16-19-3
  • 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, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See West Virginia Code 16-19-3
  • Refusal: means a record created under §. See West Virginia Code 16-19-3

(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal with respect to the decedent shall allow: (1) A person authorized to make or object to the making of an anatomical gift with respect to the decedent; or (2) a person to whom the gift could pass under section eleven of this article to examine and copy the document of gift or refusal.