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22-19-172
Section 22-19-172 Delivery of document of gift not required; right to examine. (a) A
document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon
or after an individual's death, a person in possession of a document of gift or a refusal
to make an anatomical gift with respect to the individual shall allow examination and copying
of the document of gift or refusal by a person authorized to make or object to the making
of an anatomical gift with respect to the individual or by a person to which the gift could
pass under Section 22-19-170. (Act 2008-453, p. 867, §1.)...
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22-19-140
Section 22-19-140 Legislative intent. (a) The Legislature of Alabama is acutely aware
of the serious shortage of organs needed for transplantation. In its concern with this shortage
of organs, the Legislature intends to establish in this article, a mechanism for the requesting
of donor organs of any person who has died in a hospital and has not made an anatomical gift
to take effect upon death. (b) The Legislature of Alabama believes the citizens of Alabama
are compassionate and loving, and, in the appropriate circumstances, will respond to the request
for organs for transplantation in that such a gift is, many times, literally, a "gift
of life". (c) It is also the intent of the Legislature of Alabama to encourage organ
donation in Alabama by establishing "The Lifesaving Organ Procurement Act of 1986."
(Acts 1986, No. 86-226, p. 333, §1.)...
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22-19-171
Section 22-19-171 Search and notification. (a) The following persons shall make a reasonable
search of an individual who the person reasonably believes is dead or near death for a document
of gift or other information identifying the individual as a donor or as an individual who
made a refusal: (1) a law enforcement officer, firefighter, paramedic, or other emergency
rescuer finding the individual; and (2) if no other source of the information is immediately
available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search
required by subsection (a)(1) and the individual or deceased individual to whom it relates
is taken to a hospital, the person responsible for conducting the search shall send the document
of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability
for failing to discharge the duties imposed by this section but may be...
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22-19-42
Section 22-19-42 Who may donate all, or part of, body; rights of donees. (a) Any individual
of sound mind and 18 years of age or older may give all, or any part of, his body for any
purposes specified in Section 22-19-43, the gift to take effect upon death. (b) Any
of the following persons, in order of priority stated, when persons in prior classes are not
available at the time of death, and in the absence of actual notice of contrary indications
by the decedent or actual notice of opposition by a member of the same or a prior class, may
give all, or any part of, the decedent's body for any purpose specified in Section
22-19-43: (1) The spouse; (2) An adult son or daughter; (3) Either parent; (4) An adult brother
or sister; (5) A guardian of the person of the deceased at the time of his death; or (6) Any
other person authorized or under obligation to dispose of the body. (c) If the donee has actual
notice of contrary indications by the decedent or that a gift by a member of a class is...
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26-23F-4
Section 26-23F-4 Release and dignified final disposition of bodily remains of unborn
infants. The mother, father, or authorized representative may request the release of the bodily
remains to the mother, father, or authorized representative for dignified final disposition
by burial, interment, or cremation. The request may be made by the mother, father, or authorized
representative prior to or shortly after the expulsion or extraction of the bodily remains.
Any expenses associated with preparation of and disposal of the bodily remains as requested
by the mother, father, or authorized representative shall be at his or her own expense. Nothing
in this chapter shall prevent donation of bodily remains pursuant to the Revised Uniform Anatomical
Gift Act or prevent pathological study when it is required. (Act 2016-140, §4.)...
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40-15-7
Section 40-15-7 Nonresident decedents. (a) Except as herein otherwise provided, all
of the provisions of this chapter shall be applicable to so much of the estates of nonresident
decedents as is subject to estate tax under the act of Congress in effect at the time of the
death of decedent as consists of real estate or tangible personal property located within
this state or other items of property or interest therein lawfully subject to the imposition
of an estate tax by the State of Alabama. (b) In assessing the tax upon any real estate or
tangible property located within this state belonging to the estate of a nonresident decedent,
which shall pass by will, devise or by the laws of intestacy, the Department of Revenue shall
determine the tax due to be such proportion of the federal estate tax as would be leviable
upon an estate of similar taxable net value, less that proportion of any exemption to which
the estate is entitled, which the actual value of the real estate and tangible...
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43-2-835
Section 43-2-835 Duty of personal representative; inventory and appraisement. (a) Within
two months after appointment, a personal representative, who is not a special administrator
or a successor to another representative who has previously discharged this duty, shall file
an inventory of property owned by the decedent at the time of death, listing it with reasonable
detail, and indicating as to each listed item, its fair market value as of the date of the
decedent's death, and the type and amount of any encumbrance that may exist with reference
to any item. (b) The personal representative shall send a copy of the inventory to interested
persons who request it. If the testator, by express provision in the will to that effect,
exempts the personal representative from filing an inventory, the personal representative
shall not be required to file the initial inventory, or any supplement thereto, with the court,
unless in the opinion of the court, the estate is likely to be wasted, to the...
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22-8A-3
Section 22-8A-3 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
ADULT. Any person 19 years of age or over. (2) ARTIFICIALLY PROVIDED NUTRITION AND HYDRATION.
A medical treatment consisting of the administration of food and water through a tube or intravenous
line, where the recipient is not required to chew or swallow voluntarily. Artificially provided
nutrition and hydration does not include assisted feeding, such as spoon or bottle feeding.
(3) ADVANCE DIRECTIVE FOR HEALTH CARE. A writing executed in accordance with Section
22-8A-4 which may include a living will, the appointment of a health care proxy, or both such
living will and appointment of a health care proxy. (4) ATTENDING PHYSICIAN. The physician
selected by, or assigned to, the patient who has primary responsibility for the treatment
and care of the patient. (5) CARDIOPULMONARY CESSATION. A lack of pulse or...
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5-24-1
Section 5-24-1 Definitions. In this chapter: (1) ACCOUNT means a contract of deposit
between a depositor and a financial institution, and includes a checking account, savings
account, time deposit, certificate of deposit, and share account. (2) AGENT means a person
authorized to make account transactions for a party. (3) BENEFICIARY means a person named
as one to whom sums on deposit in an account are payable on request after death of all parties
or for whom a party is named as trustee. (4) DEVISEE means any person designated in a will
to receive a testamentary disposition of real or personal property. (5) FINANCIAL INSTITUTION
means an organization authorized to do business under state or federal laws relating to financial
institutions, and includes a bank, trust company, savings bank, building and loan association,
savings and loan company or association, and credit union. (6) HEIRS means those persons,
including surviving spouse, who are entitled under the statutes of intestate...
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22-11A-38
Section 22-11A-38 Notification of third parties of disease; rules; who may be notified;
liability; confidentiality; disclosure of information for certain criminal proceedings; penalty.
(a) The State Committee of Public Health is hereby authorized to establish the rules by which
exceptions may be made to the confidentiality provisions of this article and establish rules
for notification of third parties of such disease when exposure is indicated or a threat to
the health and welfare of others. All notifications authorized by this section shall
be within the rules established pursuant to this subsection. (b) Physicians and hospital administrators
or their designee may notify pre-hospital transport agencies and emergency medical personnel
of a patient's contagious condition. In case of a death in which there was a known contagious
disease, the physician or hospital administrator or their designee may notify the funeral
home director. (c) The attending physician or the State Health Officer...
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