12-34-110. 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 12-34-109 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) of this section, an anatomical gift by a person authorized under section 12-34-109 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 12-34-109 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 are equally divided as to whether to revoke the gift.

(c) A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

Source: L. 2007: (1) amended, p. 310, § 6, effective March 30; entire part R&RE, p. 787, § 1, effective July 1.

Editor's note: (1) This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in § 12-34-107 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

(2) Subsection (1) was amended in Senate Bill 07-037. Those amendments were superseded by the repeal and reenactment of this part 1 in House Bill 07-1266.

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, § 96.

Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986 (1982).