Georgia Anatomical Gift Act Law

Uniform Anatomical Gift – General – Georgia

An anatomical gift of all or part of the body may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

An anatomical gift of all or part of the body may also be made by a document of gift other than a will.  A “document of gift” means a  document other than a will.

Unless the gift is deemed medically unsuitable, the gift becomes effective and irrevocable upon the death of the donor and does not require the consent or concurrence of any Other person after the donor’s death.

The document of gift, which may be a card designed to be carried on the person, must be signed by the donor.  If the donor cannot sign, the document of gift may be signed for him at his direction and in his presence and in the presence of two witnesses who must sign the document in his presence.

Delivery of the document of gift during the donor’s lifetime is not necessary to  make the gift valid.

The gift may be made to a specified donee or an unspecified donee.

If the gift is made by the donor to a specified donee, the document of  gift or an executed copy thereof may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift.

If the document of gift or an executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by:

1. The execution and delivery to the donee of a signed statement;
2. An oral statement made in the presence of two persons and communicated to the donee;
3. A statement during a terminal illness or injury, which statement is addressed to an attending physician and communicated to the donee; or
4. A signed card or document found on his person or in his effects.

Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out above or by the destruction, cancellation, or mutilation of the document and all executed copies of the document.

A gift made by a will may also be amended or revoked in the manner provided for the amendment or revocation of wills or as set out above.

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