- 1. Any individual of sound mind who is at least eighteen years of age may give all or any part of his body for any purpose specified in section 194.230, the gift to take effect upon death. An express gift that is not revoked by the donor before death is irrevocable, and the donee shall be authorized to accept the gift without obtaining the consent of any other person.
2. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual knowledge of a gift by the decedent under subsection 1 of this section or actual notice of contrary indications by the decedent or of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purpose specified in section 194.230:
- (1) An attorney in fact under a durable power of attorney that expressly refers to making a gift of all or part of the principal's body under the uniform anatomical gift act;
- (2) The spouse;
- (3) An adult son or daughter;
- (4) Either parent;
- (5) An adult brother or sister;
- (6) A guardian of the person of the decedent at the time of his death;
- (7) Any other person authorized or under obligation to dispose of the body.
- 3. If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection 2 of this section may make the gift after or immediately before death.
- 4. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.
- 5. The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection 4 of section 194.270.
(L. 1969 S.B. 43 § 2, A.L. 1989 H.B. 145, A.L. 1996 H.B. 811)