(1) A member of the following classes of persons, in the order of priority listed, absent contrary instructions by the decedent, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent, at the time of death, had made an unrevoked refusal to make that anatomical gift:

     (a) The appointed guardian of the person of the decedent at the time of death;

     (b) The individual, if any, to whom the decedent had given a durable power of attorney that encompassed the authority to make health care decisions;

     (c) The spouse or state registered domestic partner, of the decedent;

     (d) A son or daughter of the decedent who is at least eighteen years of age;

     (e) Either parent of the decedent;

     (f) A brother or sister of the decedent who is at least eighteen years of age;

     (g) A grandparent of the decedent.

     (2) An anatomical gift may not be made by a person listed in subsection (1) of this section if:

     (a) A person in a prior class is available at the time of death to make an anatomical gift;

     (b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or

     (c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the person's class or a prior class.

     (3) An anatomical gift by a person authorized under subsection (1) of this section must be made by (a) a document of gift signed by the person or (b) the person's telegraphic, recorded telephonic, or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient of the communication.

     (4) An anatomical gift by a person authorized under subsection (1) of this section may be revoked by a member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part knows of the revocation.

     (5) A failure to make an anatomical gift under subsection (1) of this section is not an objection to the making of an anatomical gift.

[2007 c 156 § 26; 1993 c 228 § 4.]