2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 17. Anatomical Gift Act › Part 2. Execution and Operation of Anatomical Gift › 72-17-214. Making, revoking, and objecting to anatomical gifts by others

72-17-214. Making, revoking, and objecting to anatomical gifts by others.
(1) Subject to subsections (2) and (3), any member of the following classes of persons who is reasonably available, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for a purpose authorized in 72-17-201(1) unless the decedent, at the time of death, had made an unrevoked refusal to make that anatomical gift as provided for in 72-17-201:
(a) an agent of the decedent at the time of death who could have made an anatomical gift under 72-17-201 immediately before the decedent's death;
(b) the spouse of the decedent;
(c) an adult son or daughter of the decedent;
(d) either parent of the decedent;
(e) an adult brother or sister of the decedent;
(f) adult grandchildren of the decedent;
(g) a grandparent of the decedent;
(h) a guardian of the person of the decedent at the time of death; and
(i) any other person having the authority to dispose of the decedent's body.
(2) If there is more than one member of a class listed in subsection (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), or (1)(i) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under 72-17-202 knows of an objection by another member of the class. If an objection is known, the anatomical gift may be made only by a majority of the members of the class who are reasonably available.
(3) An anatomical gift may not be made by a person listed in subsection (1) if:
(a) a person in a prior class is reasonably available at the time of death to make or to object to the making of an anatomical gift; or
(b) the person proposing to make an anatomical gift knows of a refusal by the decedent.
(4) An anatomical gift by a person authorized under subsection (1) must be made by:
(a) a document of gift signed by the person; or
(b) the person's telegraphic, recorded telephonic, other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient.
(5) Subject to subsection (6), an anatomical gift by a person authorized under subsection (1) may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift may be:
(a) amended only if a majority of the reasonably available members agree to the amending of the gift; or
(b) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(6) A revocation made under subsection (5) is effective only if, before an incision has been made for the removal of a part from the body of the decedent or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician, surgeon, technician, or enucleator removing the part knows of the revocation.
(7) A failure to make an anatomical gift under subsection (1) is not an objection to the making of an anatomical gift.
History: En. Sec. 11, Ch. 540, L. 1989; amd. Sec. 12, Ch. 345, L. 2007.