Guam § 83104 - Manner of Executing Anatomical Gifts.

§ 83104. Manner of Executing Anatomical Gifts.

(a) A gift of all or part of the body under '83102(a) 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 '83102(a) 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 (2) 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 in the

presence of two (2) witnesses who must sign the document in his presence.

Delivery of the document of gift during the donor's lifetime is not necessary

to make the gift valid.

(c) The gift may be made to a specified donee or without specifying a

donee. If the latter, the gift may be accepted by the attending physician as

donee upon or following death. If the gift is made to a specified donee who

is not available at the time and place of death, the attending physician upon

or following death, in the absence of any expressed indication that the donor

desired otherwise, may accept the gift as donee. The physician who

becomes a donee under this Subsection shall not participate in the

procedures for removing or transplanting a part.

(d) Notwithstanding '83107(b), the donor may designate in his will,

card or other document of gift the surgeon or physician to carry out the

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appropriate procedures. In the absence of a designation or if the designee is

not available, the donee or other person authorized to accept the gift may

employ or authorize any surgeon or physician for this purpose.

(e) Any gift by a person designated in '83102(b) shall be made by a

document signed by him or made by his telegraphic, recorded telephonic, or

other recorded message.