Maine Revised Statutes Title 22 Sec. 2957 – Law governing validity; choice of law as to execution of document of gift; presumption of validity
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1. Validity of document. A document of gift is valid if executed in accordance with:
A. This chapter; [PL 2007, c. 601, §2 (NEW).]
B. The laws of the state or country where it was executed; or [PL 2007, c. 601, §2 (NEW).]
C. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed. [PL 2007, c. 601, §2 (NEW).]
[PL 2007, c. 601, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2957
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research or education. See Maine Revised Statutes Title 22 Sec. 2942
- Document of gift: means a donor card, advance directive or other record used to make an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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 Maine Revised Statutes Title 22 Sec. 2942
- 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 Maine Revised Statutes Title 22 Sec. 2942
2. Law of State governs. If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.
[PL 2007, c. 601, §2 (NEW).]
3. Presumption. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
[PL 2007, c. 601, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 601, §2 (NEW).