Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

ORS 97.957
Methods of making anatomical gift before death of donor


(1)

A donor may make an anatomical gift:

(a)

By a designation on the donor’s driver license or identification card;

(b)

In a will;

(c)

During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness;

(d)

By a donor card or other record signed by the donor or other person making the gift; or

(e)

By authorizing that a statement, symbol or designation indicating that the donor has made an anatomical gift is to be included on a donor registry.

(2)

If the donor or other person authorized to make an anatomical gift under ORS 97.955 (Purpose of anatomical gift) is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(a)

Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(b)

State that it has been signed and witnessed as provided in paragraph (a) of this subsection.

(3)

Revocation, suspension, expiration or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(4)

An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

(5)

An anatomical gift made by a designation on the donor’s driver license or identification card is conclusively presumed valid. [2007 c.681 §4; 2009 c.106 §1]
Note: See note under 97.951 (Short title).
Chapter 97

Atty. Gen. Opinions

Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457


Source

Last accessed
Jun. 26, 2021