West Virginia Code 16-19-5 – Manner of making anatomical gift before donor’s death
(a) A donor may make an anatomical gift:
Terms Used In West Virginia Code 16-19-5
- 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
- Authorized person: means a person other than the donor who is authorized to make an anatomical gift of the donor's body or part by §. See West Virginia Code 16-19-3
- Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of, or another adult who exhibited special care and concern for, an individual who has made, amended, revoked, or refused to make an anatomical gift. 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
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See West Virginia Code 16-19-3
- Donor registry: means a database that contains records of anatomical gifts and amendments to, or revocations, of anatomical gifts. 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.
- Hunting or fishing license: means a license issued by the Division of Natural Resources pursuant to §. See West Virginia Code 16-19-3
- Identification card: means an identification card issued by the Division of Motor Vehicles pursuant to §. See West Virginia Code 16-19-3
- 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
- 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 West Virginia Code 16-19-3
- Revocation: means the affirmative declaration of the potential donor's withdrawal of their decision to make or not make a document of gift. See West Virginia Code 16-19-3
- Sign: means to execute or adopt a tangible symbol or attach to or logically associate with the record an electronic symbol, sound or process, with the present intent to authenticate or adopt a record. See West Virginia Code 16-19-3
(1) By authorizing a statement or symbol to be imprinted on his or her driver’s license, identification card, or hunting or fishing license indicating that he or she has made an anatomical gift;
(2) In a will;
(3) During a terminal illness or injury, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) As provided in subsection (b) of this section.
(b) (1) A donor or a person authorized by § 16-9-4 of this code may make a gift by:
(A) A donor card or other record signed by the donor or the authorized person; or
(B) Authorizing a statement or symbol indicating that the donor has made an anatomical gift to be included on a donor registry.
(2) If the donor or the authorized person is physically unable to sign a record, another individual may sign at the direction of the donor or the authorized person if the document of gift:
(A) Is witnessed and signed by at least two adults, at least one of whom is a disinterested witness; and
(B) Contains a statement that it has been signed and witnessed as required by paragraph (A) of this subdivision.
(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 regardless of whether the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.