C.R.S. Section 15-19-209
Who may make anatomical gift of decedent’s body or part

(a)

Subject to subsections (b) and (c) of this section and unless barred by section 15-19-207 or 15-19-208, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

(1)

An agent of the decedent at the time of death who could have made an anatomical gift under section 15-19-204 (2) immediately before the decedent’s death;

(2)

The spouse of the decedent;

(2.5)

A person who is designated by the decedent as a designated beneficiary in a designated beneficiary agreement pursuant to article 22 of this title 15, with the right to be an agent to make, revoke, or object to anatomical gifts of the decedent;

(3)

Adult children of the decedent;

(4)

Parents of the decedent;

(5)

Adult siblings of the decedent;

(6)

Adult grandchildren of the decedent;

(7)

Grandparents of the decedent;

(8)

An adult who exhibited special care and concern for the decedent;

(9)

The persons who were acting as the guardians of the person of the decedent at the time of death; and

(10)

Any other person having the authority to dispose of the decedent’s body.

(b)

If there is more than one member of a class listed in subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 15-19-211 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c)

A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.

Source: Section 15-19-209 — Who may make anatomical gift of decedent’s body or part, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑19‑101
Short title 15‑19‑102
Legislative declaration - construction 15‑19‑103
Definitions 15‑19‑104
Declaration of disposition of last remains 15‑19‑105
Reliance - declarations 15‑19‑106
Right of final disposition 15‑19‑106.5
Disposition of abandoned cremated remains of veterans - liability - applicability - definitions 15‑19‑107
Declaration of disposition of last remains 15‑19‑108
Interstate effect of declaration 15‑19‑109
Effect of criminal charges 15‑19‑110
Natural reduction 15‑19‑201
Short title 15‑19‑202
Definitions 15‑19‑203
Applicability 15‑19‑204
Who may make anatomical gift before donor’s death 15‑19‑205
Manner of making anatomical gift before donor’s death 15‑19‑206
Amending or revoking anatomical gift before donor’s death 15‑19‑207
Refusal to make anatomical gift - effect of refusal 15‑19‑208
Preclusive effect of anatomical gift, amendment, or revocation 15‑19‑209
Who may make anatomical gift of decedent’s body or part 15‑19‑210
Manner of making, amending, or revoking anatomical gift of decedent’s body or part 15‑19‑211
Persons that may receive anatomical gift - purpose of anatomical gift 15‑19‑212
Search and notification 15‑19‑213
Delivery of document of gift not required - right to examine 15‑19‑214
Rights and duties of procurement organization and others 15‑19‑215
Coordination of procurement and use 15‑19‑216
Sale or purchase of parts prohibited 15‑19‑217
Other prohibited acts 15‑19‑218
Immunity 15‑19‑219
Law governing validity - choice of law as to execution of document of gift - presumption of validity 15‑19‑220
Donor registry 15‑19‑221
Effect of anatomical gift on advance health-care directive - definitions 15‑19‑222
Cooperation between coroner and procurement organization 15‑19‑223
Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner 15‑19‑224
Uniformity of application and construction 15‑19‑225
Relation to “Electronic Signatures in Global and National Commerce Act” 15‑19‑301
Board for distribution of unclaimed human bodies - rules 15‑19‑302
Duty of public officers as to unclaimed bodies 15‑19‑303
Claiming of body - publication of notice 15‑19‑304
Disposition of all or any portion of body after death - nonliability 15‑19‑305
Unlawful to hold autopsy 15‑19‑306
Holding of body for twenty days 15‑19‑307
Disposition of remains 15‑19‑308
Expense to be borne by institutions 15‑19‑309
Penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 15-19-209’s source at colorado​.gov