44-5-145.html

44-5-145.
(a) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
(b) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may also be made by a document of gift other than a will, and for purposes of this subsection 'document of gift' means a document other than a will. Unless the gift is deemed medically unsuitable, the gift becomes effective and irrevocable upon the death of the donor and does not require the consent or concurrence of any other person after the donor´s death. The document of gift, which may be a card designed to be carried on the person, must be signed by the donor. If the donor cannot sign, the document of gift may be signed for him at his direction and in his presence and 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.
(c) The gift may be made to a specified donee or an unspecified donee. If no donee is specified, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician, upon or following death, may accept the gift as donee in the absence of any expressed indication that the donor desired otherwise. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.
(d) Notwithstanding subsection (b) of Code Section 44-5-148, a document of gift may designate the surgeon or physician who shall carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose. A physician or surgeon so designated, employed, or authorized to carry out such procedures may authorize any other person to perform such procedures if such person is:
(1) So trained in those procedures;
(2) So authorized by the appropriate bank or storage facility to perform those procedures; and
(3) Any of the following:
(A) A physician´s assistant;
(B) A registered professional nurse;
(C) A licensed practical nurse;
(D) A technician; or
(E) When the procedure involves only the human eye, an enucleator.
(e) Any gift by a person designated in subsection (b) of Code Section 44-5-143 or subsection (b) of Code Section 44-5-143.1 shall be made by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message.