Mass. Gen. Laws ch. 113A, sec. 5 — MA Code / Part I / Title XVI / Chapter 113A / Section 5
Manner of making anatomical gift before donor's death
Status: in_force

Section 5. (a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) by a will; (3) during a terminal illness or injury of the donor, by any form of communication addressed to at least 2 adults, at least 1 of whom shall be a disinterested witness; or (4) as provided in subsection (b). (b) A donor or other individual authorized to make an anatomical gift under section 4 may make a gift by a donor card or other record signed by the donor or other individual making the gift or by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be included on a donor registry. If the donor or other individual is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other individual and such record shall: (1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the donor or other individual; and (2) state that it has been signed and witnessed as provided in clause (1). (c) Revocation, suspension, expiration or cancellation of a driver's license or identification card upon which an anatomical gift has been indicated shall not invalidate the gift. (d) An anatomical gift made by will shall take effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death shall not invalidate the gift.

Section 5. (a) A donor may make an anatomical gift:

(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;

(2) by a will;

(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least 2 adults, at least 1 of whom shall be a disinterested witness; or

(4) as provided in subsection (b).

(b) A donor or other individual authorized to make an anatomical gift under section 4 may make a gift by a donor card or other record signed by the donor or other individual making the gift or by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be included on a donor registry. If the donor or other individual is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other individual and such record shall:

(1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the donor or other individual; and

(2) state that it has been signed and witnessed as provided in clause (1).

(c) Revocation, suspension, expiration or cancellation of a driver's license or identification card upon which an anatomical gift has been indicated shall not invalidate the gift.

(d) An anatomical gift made by will shall take effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death shall not invalidate the gift.