Uniform Anatomical Gift – General – Maryland

Any individual who is 18 years of age or over and who is competent to execute a will may give all or any part of his body for any one or more of the purposes specified in this subtitle. The gift takes effect after death of the donor.

An anatomical gift shall be by a document signed by the donor, by his telegraphic, recorded telephonic, or other recorded message, or by a witnessed telephonic statement.

A gift of all or part of the body may be made by will.  The gift becomes effective immediately upon 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 valid and effective.

A gift of all or part of the body may be made by document other than a will. The document must be signed by the donor in the presence of two witnesses, who, in turn, shall sign the document in the presence of the donor. If the donor cannot sign in person, the document may be signed for him, at his direction and in his presence, and in the presence of two witnesses, who, in turn, shall sign the document in the presence of the donor.

Delivery of the document or gift during the lifetime of the donor is not necessary to make the gift valid. The document may consist of a properly executed card carried on the person of the donor or in his effects. The document and/or card may conform substantially to the statutory form.

Any document of gift which has been delivered to the donee may be revoked by:

1. The execution and delivery to the donee or his agent of a revocation in writing, signed by the donor;
2. An oral statement of revocation witnessed by two persons, and communicated to the donee or his agent;
3. A statement during a terminal illness addressed to the attending physician and communicated to the donee, or his agent; or
4. A card or other writing signed by the donor and carried on his person or in his effects, revoking the gift.

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

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

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