Section 13.52.187. Refusal to make anatomical gift; effect of refusal.

   (a) An individual may refuse to make an anatomical gift of the individual's body or part by
        (1) a record signed by
             (A) the individual; or
             (B) subject to (b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
        (2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
        (3) any form of communication made by the individual during the individual's terminal condition addressed to at least two adults, at least one of whom is a disinterested witness.
   (b) A record signed under (a)(1)(B) of this section must
        (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 it has been signed and witnessed as provided in (1) of this subsection.
   (c) An individual who has made a refusal may amend or revoke the refusal
        (1) in the manner provided in (a) of this section for making a refusal;
        (2) by subsequently making an anatomical gift under AS 13.52.177 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.
   (d) Except as otherwise provided in AS 13.52.193(h), in the absence of an express, contrary indication by the individual set out 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.

Authorities

13.52.197;13.52.207;13.52.268;13.52.173

Notes

References

AS 13.52.197 Who may make anatomical gift of decedent's body or part.
AS 13.52.207 Persons who may receive anatomical gift; purpose of anatomical gift.
AS 13.52.268 Definitions for AS 13.52.173 - 13.52.268.

History

(Sec. 19 ch 100 SLA 2008)