Hawaii Uniform Anatomical Gift Act Law

Uniform Anatomical Gift – General – Hawaii

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[§327-4] Who may make an anatomical gift before donor’s death.

An anatomical gift of a donor’s body or body part may be made during the life of the donor for transplantation, therapy, research, or education in the manner provided in section 327-5 by:

(1) The donor, if the donor is at least eighteen years of age or is under eighteen years of age and is:

(A) An emancipated minor, as deemed pursuant to section 577-25; or

(B) Authorized under a state law to apply for a driver’s license under part VI of chapter 286;

(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(3) A parent of the donor, if the donor is under eighteen years of age and not emancipated; or

(4) The donor’s guardian.

[§327-6] Amending or revoking an anatomical gift before donor’s death.

(a) A donor or other person authorized to make an anatomical gift under section 327-4 may amend or revoke an anatomical gift by:

(1) A record signed by:

(A) The donor;

(B) The other person; or

(C) Another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; 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) A record signed pursuant to subsection (a)(1)(C) shall:

(1) Be witnessed by at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

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

(c) A donor or other person authorized to make an anatomical gift under section 327-4 may revoke the gift by the destruction or cancellation of the document of gift, or a portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two other individuals who are at least eighteen years of age, one of whom is a disinterested witness.

(e) 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.

[§327-13] Delivery of document of gift not required; right to examine.

A document of gift need not be delivered during the donor’s lifetime to be effective.

Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass
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