Louisiana Revised Statutes 17:2354.1 – Refusal to make anatomical gift; effect
Terms Used In Louisiana Revised Statutes 17:2354.1
- Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the person who makes, amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited special care and concern for the person. See Louisiana Revised Statutes 17:2351
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- gift: means a donation of all or part of a human body to take effect after the death of the donor for the purpose of transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
- Part: means an organ, an eye, or tissue of a human being. See Louisiana Revised Statutes 17:2351
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Louisiana Revised Statutes 17:2351
- Probate: Proving a will
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 17:2351
- Refusal: means a record created pursuant to the provisions of Louisiana Revised Statutes 17:2351
- Sign: means , with the present intent to authenticate or adopt a record either:
(a) To execute or adopt a tangible symbol. See Louisiana Revised Statutes 17:2351
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Louisiana Revised Statutes 17:2351
A. A person may refuse to make an anatomical gift of his body or part by executing any of the following:
(1) A signed record in accordance with Subsection B of this Section or if he is physically unable to sign, another person acting at the direction of the person shall sign.
(2) A will and testament, whether or not the will is admitted to probate or invalidated after his death.
(3) Any form of communication made by the person during a terminal illness or injury addressed to at least two adults, one of whom is a disinterested witness.
B. A signed record, shall be witnessed by at least two adults, one of whom is a disinterested witness, and shall state that it has been signed and witnessed as provided in Subsection A of this Section.
C. A person who has made a refusal to make an anatomical gift, may amend or revoke the refusal in any of the following ways:
(1) In the manner provided in Subsection A of this Section for making a refusal.
(2) By subsequently making an anatomical gift in accordance with La. Rev. Stat. 17:2354 that is inconsistent with the refusal.
(3) By destroying or canceling the record or a portion thereof evidencing the refusal, with the intent of revocation.
D. Except as otherwise provided in La. Rev. Stat. 17:2354.2, in the absence of an express contrary indication set forth in the refusal, an unrevoked refusal bars all other persons from making an anatomical gift of the body or part of the person.
Added by Acts 1977, No. 724, §2. Amended by Acts 1978, No. 138, §1; Acts 1992, No. 642, §1, eff. Jan. 1, 1993; Acts 2010, No. 937, §2, eff. July 1, 2010.