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§ 44-5-145 - Refusal to make an anatomical gift

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O.C.G.A.44-5-145 (2010) 44-5-145.Refusal to make an anatomical gift (a)An individual may refuse to make an anatomical gift of the individual's body or part by:(1)A record signed by:(A)The individual; or(B)Subjectto subsection (b) of this Code section, another individual acting atthe direction of the individual if the individual is physically unableto sign;(2)The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or(3)Anyform of communication made by the individual during the individual'sterminal illness or injury addressed to at least two adults, at leastone of whom is a disinterested witness.(b)A record signed pursuant to subparagraph (a)(1)(B) of this Code section shall:(1)Bewitnessed by at least two adults, at least one of whom is adisinterested witness, who have signed at the request of the individual;and(2)State that it has been signed and witnessed as provided in paragraph (1) of this subsection.(c)An individual who has made a refusal may amend or revoke the refusal:(1)In the manner provided in subsection (a) of this Code section for making a refusal;(2)By subsequently making an anatomical gift pursuant to Code Section 44-5-143 that is inconsistent with the refusal; or(3)Bydestroying or canceling the record evidencing the refusal, or theportion of the record used to make the refusal, with the intent torevoke the refusal.(d)Except as otherwiseprovided in subsection (h) of Code Section 44-5-146, in the absence ofan express, contrary indication by the individual set forth in therefusal, an individual's unrevoked refusal to make an anatomical gift ofthe individual's body or part bars all other persons from making ananatomical gift of the individual's body or part.
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  • O.C.G.A. 44-5-145 (2010)
    44-5-145. Refusal to make an anatomical gift


    (a) An individual may refuse to make an anatomical gift of the individual's body or part by:

    (1) A record signed by:

    (A) The individual; or

    (B) Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physically unable to sign;

    (2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or

    (3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

    (b) A record signed pursuant to subparagraph (a)(1)(B) of this Code section shall:

    (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and

    (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection.

    (c) An individual who has made a refusal may amend or revoke the refusal:

    (1) In the manner provided in subsection (a) of this Code section for making a refusal;

    (2) By subsequently making an anatomical gift pursuant to Code Section 44-5-143 that is inconsistent with the refusal; or

    (3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

    (d) Except as otherwise provided in subsection (h) of Code Section 44-5-146, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

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