Maryland’s Estates and Trusts Article explains the procedures for execution of an anatomical gift. Any individual that is 18 years old or older may give all or any part of his or her body to permit the use of organ transplants or other uses. § 4-503(a). If the decedent has not made a gift, there is a list of priority as to who can make the gift:
1. Agent of the decedent at the time of death;
2. Persons acting as guardians at the time of death;
3. Spouse/domestic partner;
4. Adult children;
6. Adult siblings;
7. Adult grandchildren;
9. Adult who exhibited special care and concern;
10. Another person having authority to dispose of the body.
§ 4-507(a). Permitted donees of anatomical gifts include hospitals, accredited medical schools, dental schools, college universities, etc. § 4-509(a). Section 4-509(a)(2) permits anatomical gifts to be designated to a specific individual.
Section 4-503(e)(1) states that the gift is to be effective immediately without waiting for probate even if the indication of the gift is made in a will. The statute also provides for documentation (form provided in the statute) to indicate that the living person wishes to make an anatomical gift. In Maryland this indication may be on a driver’s license, assumedly the most effective way to make an anatomical gift designation. See Md. Code Ann., Transp. § 12-303 (LexisNexis 2006).