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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person authorized to make an anatomical gift under section nine of this article may do so by:
(1) A document of gift signed by the authorized person; or
(2) An oral communication by the authorized person that is electronically recorded or is contemporaneously reduced to a record and signed by the person receiving the oral communication.
(b) An anatomical gift by a person authorized by section nine of this article may be amended or revoked orally or in writing by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by the authorized person may be revoked only if a majority of the members of the same class are opposed to the anatomical gift. In the event of a tie vote, a health care surrogate shall be appointed to decide whether to honor, amend or revoke the anatomical gift of the decedent's body or part.
(c) A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital or physician or technician knows of the revocation.
Cite this article: FindLaw.com - West Virginia Code Chapter 16. Public Health § 16-19-10. Manner of making, amending, or revoking anatomical gift of decedent's body or part - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-16-public-health/wv-code-sect-16-19-10/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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