Disposition of Heart Pacemakers

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Wills
  5. Construction of Will; Testamentary Gifts
  6. Disposition of Heart Pacemakers

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  1. Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by will of a heart pacemaker implanted within the individual, such disposition to be made at death. If the sale is by will, it shall be effective without probate.
  2. When individuals in prior classes are not available at the time of death of an individual having a heart pacemaker and in the absence of a disposition contract or will, actual notice of contrary indications by the decedent, and actual opposition by a member of the same or a prior class, any of the following individuals, in order of priority stated, may sell the heart pacemaker:
    1. The spouse;
    2. An adult son or daughter;
    3. Either parent;
    4. An adult brother or sister;
    5. A guardian of the person of the decedent at the time of the decedent's death other than a guardian ad litem appointed for such purpose; or
    6. Any other person authorized or under obligation to dispose of the body.
  3. If a buyer has actual notice of contrary indications by the decedent or actual notice that a sale by a member of a class is opposed by a member of the same or a prior class, no valid sale may be made. The persons authorized by subsection (b) of this Code section may make the sale only after the time of death of the individual having the heart pacemaker.
  4. Unless otherwise provided in a will or contract, all proceeds from sales under this Code section shall be added to the estate of the decedent.
  5. Sales of pacemakers under this Code section shall be subject to:
    1. Medical acceptability of the heart pacemaker for reuse; and
    2. The laws of this state relating to autopsies.
  6. This Code section shall not apply to the sale or gift of a nuclear-powered pacemaker.

(Code 1981, §53-4-73, enacted by Ga. L. 1996, p. 504, § 10.)

Cross references.

- Persons authorized to receive donations of heart pacemakers, § 31-1-6.

Anatomical gifts, § 44-5-140 et seq.

Post-mortem examinations, § 45-16-20 et seq.

COMMENT

This section carries over former OCGA Sec. 53-1-4.


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