194.235. Refusal to make a gift, evidenced how, requirements. - Missouri Statutes

Refusal to make a gift, evidenced how, requirements.

194.235. 1. An individual may refuse to make an anatomical gift ofthe individual's body or part by:

(1) A record signed by:

(a) The individual; or

(b) Subject to subsection 2 of this section, another individualacting at the direction of the individual if the individual is physicallyunable to sign;

(2) The individual's will whether or not the will is admitted toprobate or invalidated after the individual's death; or

(3) Any form of communication made by the individual during theindividual's terminal illness or injury addressed to at least two adults atleast one of whom is a disinterested witness.

2. A record signed under paragraph (b) of subdivision (1) ofsubsection 1 of this section shall:

(1) Be witnessed by at least two adults at least one of whom is adisinterested witness, who have signed at the request of the individual;and

(2) State that it has been signed and witnessed as provided insubdivision (1) of this subsection.

3. An individual may amend or revoke a refusal:

(1) In the manner provided in subsection 1 of this section for makinga refusal;

(2) By subsequently making an anatomical gift under section 194.225that is inconsistent with the refusal; or

(3) By the destroying or cancelling of the record evidencing therefusal, or the portion of the record used to make the refusal, with theintent to revoke the refusal.

4. Except as otherwise provided in subsection 8 of section 194.240,in the absence of an express, contrary indication by the individual setforth in the refusal, an individual's unrevoked refusal to make ananatomical gift of the individual's body or a part bars all other personsfrom making an anatomical gift of the individual's body or the part.

(L. 2008 S.B. 1139)