                                 CODE OF VIRGINIA

REFUSAL TO MAKE ANATOMICAL GIFT; EFFECT OF REFUSAL (§ 32.1-291.7)

A. An individual may refuse to make an anatomical gift of the individual&#8217;s
body or part by:

   1. A record signed by:
   				a. The individual; or
   				b. Subject to subsection B, another individual acting at the direction of
   the individual if the individual is physically unable to sign;

   2. The individual&#8217;s will, whether or not the will is admitted to probate
   or invalidated after the individual&#8217;s death; or

   3. Any form of communication made by the individual during the
   individual&#8217;s terminal illness or injury addressed to at least two
   adults, at least one of whom is a disinterested witness.

B. A record signed pursuant to subdivision A 1 b shall:

   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 individual; and

   2. State that it has been signed and witnessed as provided in subdivision 1.

C. An individual who has made a refusal may amend or revoke the refusal:

   1. In the manner provided in subsection A for making a refusal;

   2. By subsequently making an anatomical gift pursuant to &#xA7; 32.1-291.5
   that is inconsistent with the refusal; or

   3. By destroying or canceling the record evidencing the refusal, or the
   portion of the record used to make the refusal, with the intent to revoke the
   refusal.

D. Except as otherwise provided in subsection H of &#xA7; 32.1-291.8, in the
absence of an express, contrary indication by the individual set forth in the
refusal, an individual&#8217;s unrevoked refusal to make an anatomical gift of
the individual&#8217;s body or part bars all other persons from making an
anatomical gift of the individual&#8217;s body or part.

HISTORY: 2007, cc. 92, 907.