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Physician's Guide to Medicine - Anatomical Gifts
Who may make an anatomical gift?
Who may request an anatomical gift?
Who may receive an anatomical gift, and for what purposes
may an anatomical gift be used?
How is an anatomical gift made?
How is an anatomical gift changed or revoked?
Who may make an anatomical gift?
(1) Any individual of sound mind who is at least eighteen years old;
(2) Any of the following classes of people, in the listed order of priority,
provided there is no notice of contrary indications of the deceased or of
opposition by a member of the same or a prior class:
- An attorney in fact acting under authority of a durable power of
attorney that expressly refers to an anatomical gift
- The spouse
- An adult child
- Either parent
- An adult brother or sister
- A guardian of the person of the deceased at the time of death
- Any other person authorized or under obligation to dispose of the
body.
If the donee has notice of contrary indications by the deceased or someone
authorized to donate on the deceasedīs behalf, then the donee must not accept
the gift.
Who may request an anatomical gift?
Each hospital in the state must designate one or more trained individuals, who
are not connected with the determination of death, to request anatomical gifts.
A representative of an organ or tissue procurement organization may be
designated. Consent to donation may be requested from any of the people listed
above who are authorized to give consent. If a donation is requested, the
designee must record the request in the patientīs medical record, and indicate
whether consent was granted, the name of the person giving or refusing Consent,
and that personīs relationship to the deceased.
Who may receive an anatomical gift, and for what
purposes may an anatomical gift be used?
Generally speaking, any hospital, physician, medical or dental school, college,
bank or storage facility, or the Missouri State Anatomical Board may be the
donee of an anatomical gift. The gift may be used for research, education,
therapy or transplantation. Also, any specified individual may receive an
anatomical gift for needed therapy or transplant. If a gift is made but no donee
is specified, the gift may be accepted by the attending physician as donee upon
or following death. If the physician attending the donor at death is the donee
of the anatomical gift, or is related to the donee within the fourth degree of
consanguinity, then he or she must not participate directly or indirectly in the
procedures for removing or transplanting a donated body part.
How is an anatomical gift made?
An anatomical gift may be made by will, card, or document, signed by the donor
in the presence of two witnesses who also sign the document in the donorīs
presence before a notary. If the donor cannot sign, the document may be signed
for him or her at his or her direction and in his or her presence, and in the
presence of two witnesses who must also sign the document in his or her
presence.
How is an anatomical gift changed or revoked?
The donor may amend or revoke an anatomical gift by:
(1) Signed statement;
(2) Oral statement made in the presence of two persons and communicated to the
donee;
(3) A statement during a terminal illness or injury, addressed to an attending
physician and communicated to the donee; or
(4) A signed card or document found on his or her person or in his or her
effects.
If the gift was made by will, it may also be revoked or amended in the same way
as a will.
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