194.245. Gift for transplantation, therapy, research, or education, priority list for persons making. - Missouri Statutes

Gift for transplantation, therapy, research, or education, prioritylist for persons making.

194.245. 1. Subject to subsections 2 and 3 of this section andunless barred by section 194.235 or 194.240, an anatomical gift of adecedent's body or part for purposes of transplantation, therapy, research,or education may be made in the order of priority listed, by any member ofthe following classes of persons who is reasonably available, in the orderof priority listed:

(1) An agent of the decedent at the time of death who could have madean anatomical gift under subdivision (2) of subsection 2 of section 194.220immediately before the decedent's death;

(2) The spouse of the decedent;

(3) Adult children of the decedent;

(4) Parents of the decedent;

(5) Adult siblings of the decedent;

(6) Adult grandchildren of the decedent;

(7) Grandparents of the decedent;

(8) The persons who were acting as the guardian of the person of thedecedent at the time of death; and

(9) Any other public official having the authority to dispose of thedecedent's body.

2. If there is more than one member of a class listed in subdivision(1), (3), (4), (5), (6), (7), or (9) of subsection 1 of this sectionentitled to make an anatomical gift, an anatomical gift may be made by amember of the class unless that member or a person to which the gift canpass under section 194.255 knows of an objection by another member of theclass. If an objection is known, the gift may be made only by a majorityof the members of the class who are reasonably available.

3. A person may not make an anatomical gift if, at the time of thedecedent's death, a person in a prior class under subsection 1 of thissection is reasonably available to make or to object to the making of ananatomical gift.

(L. 2008 S.B. 1139)