Oregon Statutes 97.965 – Persons authorized to make anatomical gift of body or body part of decedent
(1) Subject to subsections (2) and (3) of this section and unless prohibited by ORS § 97.961 or 97.963, an anatomical gift of a decedent‘s body or body part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the following order:
Terms Used In Oregon Statutes 97.965
- Decedent: A deceased person.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) An agent of the decedent at the time of death who could have made an anatomical gift under ORS § 97.955 (2)(b) immediately before the decedent’s death;
(b) The spouse of the decedent;
(c) An adult child of the decedent;
(d) A parent of the decedent;
(e) An adult sibling of the decedent;
(f) An adult grandchild of the decedent;
(g) A grandparent of the decedent;
(h) An adult who exhibited special care and concern for the decedent;
(i) A guardian of the decedent at the time of death; or
(j) Any other person having the authority to dispose of the decedent’s body.
(2) If there is more than one member of a class listed in subsection (1) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under ORS § 97.969 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(3) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift. [2007 c.681 § 8]
See note under 97.951.
[Formerly 97.295; 2007 c.681 § 30; renumbered 97.984 in 2007]