Title 53, Chapter 4, Section 73
( 53-4-73)
(a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) This Code section shall not apply to the sale or gift of a
nuclear-powered pacemaker. |