(a) An individual may refuse to make an anatomical gift of the individual’s body or part by

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Alaska Statutes 13.52.187

  • anatomical gift: means a donation of all or a part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Alaska Statutes 13.52.390
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • part: means an organ, tissue, or an eye of a human being, except fetal tissue. See Alaska Statutes 13.52.390
  • Probate: Proving a will
  • state: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Alaska Statutes 13.52.390
  • terminal condition: means an incurable or irreversible illness or injury
    (A) that without administration of life-sustaining procedures will result in death in a short period of time. See Alaska Statutes 13.52.390
(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 Alaska Stat. § 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 Alaska Stat. § 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.
  Previous section
Next section  
 Chapter 52 Contents