Michigan Revised Uniform Anatomical Gift Act

Public Acts of 1978, Article 10 Part 101 Excerpts from Act No. 368

Sec. 10102. (1) An individual of sound mind and 18 years of age or more may give all or any physical part of the individual’s body for any purpose specified in section 10103, the gift to take effect upon death.

Sec. 10104. (1) A gift of all or a physical part of the body under section 10102 (1) may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

Sec. 10106. If the gift is made by the donor to a specified done, the will, card or other document, or an executed copy thereof, may be delivered to the done to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The will, card or other document, or an executed copy thereof, may be deposited in any hospital, bank, or storage facility or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor’s death, the person in possession shall produce the document for examination.

Sec. 10107. If the will, card or other document or executed copy thereof, has been delivered to a specified done, the donor may amend or revoke the gift by any of the following methods:
(a) The execution and delivery to the done of a signed statement
(b) An oral statement made in the presence of 2 persons and communicated to the done.
(c) A statement during a terminal illness or injury addressed to an attending physician and communicated to the done.
(d) A signed card or document found on his person or in his effects.
(2) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (1), or by destruction, cancellation or mutilation of the document and all executed copies thereof.
(3) Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as provided in subsection (1).

Sec. 10108. (1) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, the surviving spouse, next of kin or other persons having authority to direct and arrange for the funeral and burial or other disposition of the body may, subject to the terms of the gift, authorize embalming and the use of the body in a funeral service. If the gift is a part of the body, the donee, upon death of the donor and prior to the embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or such other persons having authority to direct and arrange for the funeral and burial or other disposition of the remainder of the body.

Sec. 10109. This part shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

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