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22-19-44
Section 22-19-44 Modes of executing gift. (a) A gift of all or part of the body under subsection
(a) of Section 22-19-42 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. (b) A gift of all or part of the body under
subsection (a) of Section 22-19-42 may also be made by document other than a will. The gift
becomes effective upon the death of the donor. The document, which may be a card designed
to be carried on the person, must be signed by the donor in the presence of two witnesses,
who must sign the document in his presence. If the donor cannot sign, the document may be
signed for him at his direction and in his presence and in the presence of two witnesses,
who must sign the document in his presence. Delivery of the document of gift during...
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22-19-46
Section 22-19-46 Amendment or revocation of gift. (a) If the will, card or other document,
or executed copy thereof, has been delivered to a specified donee, the donor may amend or
revoke the gift by: (1) The execution and delivery to the donee of a signed statement; (2)
An oral statement made in the presence of two persons and communicated to the donee; (3) A
statement during a terminal illness or injury addressed to an attending physician and communicated
to the donee; or (4) A signed card or document found on his person or in his effects. (b)
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 (a) of this section or by destruction, cancellation or
mutilation of the document and all executed copies thereof. (c) 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 (a) of this section. (Acts 1969, Ex. Sess., No. 164, p....
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22-19-165
Section 22-19-165 Amending or revoking anatomical gift before donor's death. (a) Subject to
Section 22-19-167, a donor or other person authorized to make an anatomical gift under Section
22-19-163 may amend or revoke an anatomical gift by: (1) a record signed by: (A) the donor;
(B) the other person; or (C) subject to subsection (b), another individual acting at the direction
of the donor or the other person if the donor or other person is physically unable to sign;
or (2) a later-executed document of gift that amends or revokes a previous anatomical gift
or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed
pursuant to subsection (a)(1)(C) must: (1) be witnessed by at least two adults, at least one
of whom is a disinterested witness, who have signed at the request of the donor or the other
person; and (2) state that it has been signed and witnessed as provided in subdivision (1).
(c) Subject to Section 22-19-167, a donor or other person authorized...
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22-19-169
Section 22-19-169 Manner of making, amending, or revoking anatomical gift of decedent's body
or part. (a) A person authorized to make an anatomical gift under Section 22-19-168 may make
an anatomical gift by a document of gift signed by the person making the gift or by that person's
oral communication that is electronically recorded or is contemporaneously reduced to a record
and signed by the individual receiving the oral communication. (b) Subject to subsection (c),
an anatomical gift by a person authorized under Section 22-19-168 may be amended or revoked
orally or in a record by any member of a prior class who is reasonably available. If more
than one member of the prior class is reasonably available, the gift made by a person authorized
under Section 22-19-168 may be: (1) amended only if a majority of the reasonably available
members agree to the amending of the gift; or (2) revoked only if a majority of the reasonably
available members agree to the revoking of the gift or if they...
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22-19-173
Section 22-19-173 Rights and duties of procurement organization and others. (a) When a hospital
refers an individual at or near death to a procurement organization, the organization shall
make a reasonable search of the records of the Alabama State Law Enforcement Agency and any
donor registry that it knows exists for the geographical area in which the individual resides
to ascertain whether the individual has made an anatomical gift. (b) A procurement organization
must be allowed reasonable access to information in the records of the Alabama State Law Enforcement
Agency to ascertain whether an individual at or near death is a donor. (c) When a hospital
refers an individual at or near death to a procurement organization, the organization may
conduct any reasonable examination necessary to ensure the medical suitability of a part that
is or could be the subject of an anatomical gift for transplantation, therapy, research, or
education from a donor or a prospective donor. During the...
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22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual who
is at least 18 years of age. (2) "Agent" means an individual: (A) authorized to
make health care decisions on the principal's behalf by a power of attorney for health care;
or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other
record signed by the principal. (3) "Anatomical gift" means a donation of all or
part of a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education. (4) "Coroner" means an elected or appointed official
who determines, with the assistance of other forensic scientists and investigators, the cause,
manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual
whose body or part is or may be the source of an anatomical gift. The term includes a stillborn
infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...
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26-1A-404
Section 26-1A-404 Health care powers of attorney executed on or after January 1, 2012. (a)
This section applies to a power of attorney for health care decisions executed on or after
January 1, 2012. (b) A durable power of attorney is a power of attorney by which a principal
designates another his or her attorney in fact or agent in writing and the writing contains
the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (c)(1) A principal may
designate under a durable power of attorney an individual who shall be empowered to make health
care decisions on behalf of the principal, in the manner set forth in the Natural Death Act,...
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22-8A-4
Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy. (a) Any
competent adult may execute a living will directing the providing, withholding, or withdrawal
of life-sustaining treatment and artificially provided nutrition and hydration. Artificially
provided nutrition and hydration shall not be withdrawn or withheld pursuant to the living
will unless specifically authorized therein. (b) A competent adult may execute at any time
a living will that includes a written health care proxy designation appointing another competent
adult to make decisions regarding the providing, withholding, or withdrawal of life-sustaining
treatment and artificially provided nutrition and hydration. Artificially provided nutrition
and hydration shall not be withdrawn or withheld pursuant to the proxy designation unless
specifically authorized therein. A proxy designation made pursuant to this section shall be
accepted in writing by the individual being appointed. The acceptance...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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22-19-45
Section 22-19-45 Delivery or deposit of gift document. If the gift is made by the donor to
a specified donee, the will, card or other document, or an executed copy thereof, may be delivered
to the donee 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. (Acts 1969, Ex. Sess., No. 164, p. 230, ยง5.)...
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