Home Table of Contents

§ 4-505. Refusal to make anatomical gift

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2011

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 4. Wills (Refs & Annos)
Subtitle 5. Maryland Revised Uniform Anatomical Gift Act (Refs & Annos)
Effective: October 1, 2011
MD Code, Estates and Trusts, § 4-505
§ 4-505. Refusal to make anatomical gift
Currentness
Procedure for refusal to make anatomical gift
(a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) A record signed by:
(i) The individual; or
(ii) Subject to subsection (b) of this section, if the individual is physically unable to sign, another individual acting at the direction of the individual;
(2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) During a terminal illness of the individual or while the individual is injured, any form of communication addressed to at least two adults, at least one of whom is a disinterested witness.
Witness requirements
(b) A record signed in accordance with subsection (a)(1)(ii) of this section shall:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) State that the record has been signed and witnessed as provided in item (1) of this subsection.
Amendment or revocation of refusal
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) In a manner for making a refusal provided in subsection (a) of this section;
(2) By subsequently making an anatomical gift in accordance with § 4-503 of this subtitle that is inconsistent with the refusal; or
(3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
Refusal a bar to others making anatomical gift
(d) Except as otherwise provided in § 4-506(h) of this subtitle, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

Credits

Added by Acts 2011, c. 541, § 2, eff. Oct. 1, 2011.
MD Code, Estates and Trusts, § 4-505, MD EST & TRST § 4-505
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document