Ohio Code 2108.06 – Amendment of anatomical gift
(A) Subject to section 2108.08 of the Revised Code, an anatomical gift made under section 2108.04 of the Revised Code may be amended by any of the following means:
Terms Used In Ohio Code 2108.06
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(1) By a record signed by the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code;
(2) Subject to division (C) of this section, by a record signed by another individual acting at the direction of the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code if the donor or other person is physically unable to sign;
(3) By a later-executed document of gift that amends a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency;
(4) By any form of communication during a terminal illness or injury addressed to at least two adults;
(5) By a parent who is reasonably available, if the donor is an unemancipated minor who has died.
(B) Subject to section 2108.08 of the Revised Code, an anatomical gift made under section 2108.04 of the Revised Code may be revoked by any of the following means:
(1) By a record signed by the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code;
(2) Subject to division (C) of this section, by a record signed by another individual acting at the direction of the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code if the donor or other person is physically unable to sign;
(3) By a later-executed document of gift that revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency;
(4) By any form of communication during a terminal illness or injury addressed to at least two adults;
(5) By a parent who is reasonably available, if the donor is an unemancipated minor who has died;
(6) By the destruction or cancellation of the document of gift, or the portion of the document of gift, used to make the gift, with the intent to revoke the gift.
(C) A record signed pursuant to division (A)(2) or (B)(2) of this section shall do both of the following:
(1) Be witnessed by a minimum of two adults who have signed at the request of the donor or other person;
(2) State that it has been signed and witnessed as provided in division (C)(1) of this section.
Last updated May 20, 2021 at 2:08 PM