West Virginia Code 16-19-6 – Amending or revoking anatomical gift before donor’s death
(a) Subject to section eight of this article, a donor or a person authorized pursuant to section four of this article may amend or revoke an anatomical gift by:
Terms Used In West Virginia Code 16-19-6
- 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 purpose of transplantation, therapy, research, or education. See West Virginia Code 16-19-3
- Authorized person: means a person other than the donor who is authorized to make an anatomical gift of the donor's body or part by §. See West Virginia Code 16-19-3
- Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of, or another adult who exhibited special care and concern for, an individual who has made, amended, revoked, or refused to make an anatomical gift. See West Virginia Code 16-19-3
- Document of gift: means a donor card or other record used to make an anatomical gift. See West Virginia Code 16-19-3
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See West Virginia Code 16-19-3
- 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 West Virginia Code 16-19-3
- 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 West Virginia Code 16-19-3
- Revocation: means the affirmative declaration of the potential donor's withdrawal of their decision to make or not make a document of gift. See West Virginia Code 16-19-3
- Sign: means to execute or adopt a tangible symbol or attach to or logically associate with the record an electronic symbol, sound or process, with the present intent to authenticate or adopt a record. See West Virginia Code 16-19-3
(1) (A) A record signed and dated by the donor or the authorized person.
(B) If the donor or the authorized person is physically unable to sign a record, another individual may sign at the direction of the donor or the authorized person if the document of gift:
(i) Is witnessed and signed by at least two adults, at least one of whom is a disinterested witness; and
(ii) Contains a statement that it has been signed and witnessed as required by subparagraph (i) of this paragraph; or
(2) A later-executed document of gift that amends or revokes a previous anatomical gift, or portion of an anatomical gift, either expressly or by inconsistency.
(b) Subject to section eight of this article, a donor or a person authorized by section four of this article may revoke an anatomical gift by destroying or cancelling the document of gift, or the relevant portion of the document of gift, with the intent to revoke the gift.
(c) During a terminal illness or injury, a donor may amend or revoke an anatomical gift that was not made in a will by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness.
(d) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.