§2354.1.  Refusal to make anatomical gift; effect

A.  A person may refuse to make an anatomical gift of his body or part by executing any of the following:

(1)  A signed record in accordance with Subsection B of this Section or if he is physically unable to sign, another person acting at the direction of the person shall sign.

(2)  A will and testament, whether or not the will is admitted to probate or invalidated after his death.

(3)  Any form of communication made by the person during a terminal illness or injury addressed to at least two adults, one of whom is a disinterested witness.

B.  A signed record, shall be witnessed by at least two adults, one of whom is a disinterested witness, and shall state that it has been signed and witnessed as provided in Subsection A of this Section.

C.  A person who has made a refusal to make an anatomical gift, may amend or revoke the refusal in any of the following ways:

(1)  In the manner provided in Subsection A of this Section for making a refusal.

(2)   By subsequently making an anatomical gift in accordance with R.S. 17:2354 that is inconsistent with the refusal.

(3)   By destroying or canceling the record or a portion thereof evidencing the refusal, with the intent of revocation.

D.  Except as otherwise provided in R.S. 17:2354.2, in the absence of an express contrary indication set forth in the refusal, an unrevoked refusal bars all other persons from making an anatomical gift of the body or part of the person.

Added by Acts 1977, No. 724, §2.  Amended by Acts 1978, No. 138, §1; Acts 1992, No. 642, §1, eff. Jan. 1, 1993; Acts 2010, No. 937, §2, eff. July 1, 2010.