Power of Attorney and Health Care – General – Pennsylvania
Any individual of sound mind and 18 years of age or more may give all or any part of his body for any purpose specified in § 8612 (relating to persons who may become donees; purposes for which anatomical gifts may be made) to take effect upon death.
Any individual who is a minor and 16 years of age or older may effectuate a gift for any purpose specified in § 8612, provided parental or guardian consent is given. Parental or guardian consent shall be noted on the minor’s donor card, application for the donor’s learner’s permit or driver’s license or other document of gift.
A gift of the whole body shall be invalid unless made in writing at least 15 days prior to the date of death or consent is obtained from the legal next of kin.
Where there are adult children of the deceased who are not children of the surviving spouse, their consent shall also be required for a gift of the whole body for anatomical study.
Document of Gift
A gift of all or part of the body under may be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his presence. If the donor is mentally competent to signify his desire to sign the document but is physically unable to do so, the document may be signed for him by another at his direction and in his presence in the presence of two witnesses who must sign the document in his presence.
Delivery of the document of gift during the donor’s lifetime is not necessary to make the gift valid.
Amendment or Revocation of Anatomical Gift
If the document of gift has been delivered to a specified donee, the donor may amend or revoke the gift by:
The execution and delivery to the donee of a signed statement;
An oral statement made in the presence of two persons and communicated to the donee;
A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee.
A signed card or document found on his person or in his effects.
If the document of gift has not been delivered to a specified donee, the donor may amend or revoke the gift by any manner set out above or by the destruction, cancellation, or mutilation of the document and all executed copies of the document.
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