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CONNECTICUT STATUTES AND CODES

Sec. 19a-279c. Classes of persons who may make an anatomical gift of all or a part of decedent's body.

      Sec. 19a-279c. Classes of persons who may make an anatomical gift of all or a part of decedent's body. (a) Any member of the following classes of persons, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent, before or at the time of death, has made an unrevoked refusal to make that anatomical gift: (1) The spouse of the decedent; (2) a person designated by the decedent pursuant to section 1-56r; (3) an adult son or daughter of the decedent; (4) either parent of the decedent; (5) an adult brother or sister of the decedent; (6) a grandparent of the decedent; (7) a guardian of the person of the decedent at the time of death; (8) any person legally authorized to make health care decisions for the decedent prior to death, including, but not limited to, a health care representative appointed under section 19a-576; and (9) a conservator of the person, as defined in section 45a-644.

      (b) An anatomical gift may not be made by a person listed in subsection (a) of this section if: (1) A person in a prior class is available at the time of death to make an anatomical gift; (2) the person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or (3) 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 prior class.

      (c) An anatomical gift by a person authorized under subsection (a) of this section shall be made by (1) a document of gift signed by the person or (2) 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.

      (d) An anatomical gift by a person authorized under subsection (a) of this section may be revoked by any 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 or technician removing the part knows of the revocation.

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

      (P.A. 88-318, S. 3, 15; P.A. 99-120, S. 1; P.A. 02-105, S. 5; P.A. 06-195, S. 62.)

      History: P.A. 99-120 added Subdivs. (a)(7) and (8) re legally authorized persons and re conservator of the person; P.A. 02-105 added new Subsec. (a)(2) authorizing a person designated by the decedent pursuant to Sec. 1-56r to make an anatomical gift and renumbered Subdivs. (3) to (8) as (4) to (9); P.A. 06-195 amended Subsec. (a)(8) by substituting "health care representative" for "health care agent".

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