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Total Life Choices (TLC) provides free legal services to promote and protect the dignity of each individual.  TLC attorneys and volunteers empower individuals in articulating and documenting crucial lifetime, incapacity, and end-of-life choices through education and legal planning.  TLC counsels families on complex court procedures for probate, administration and guardianship.

 

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Total Life Choices (TLC)
New York Legal Assistance Group
7 Hanover Square, 18th Floor
New York, NY 10004

Phone: (212) 613-5000
Fax: (212) 714-7402

Organ Donation (Public Health Law § 4303)

PBH § 4303. Manner of executing anatomical gifts.

  1. A gift of all or part of the body under this article may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
  2. A gift of all or part of the body under this article may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to  be carried  on  the  person,  must  be signed by the donor. Delivery of the document of gift during the donor’s lifetime is not necessary to make the gift valid.
  3. The gift may be made either to a specified donee or without specifying a donee. If the latter, the  gift  may  be  accepted  by  and utilized  under  the  direction  of  the  attending  physician  upon  or following death. If the gift is made to a specified  donee  who  is  not available  at  the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that  the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subdivision shall not participate in the procedures for removing or transplanting a part.
  4. Subject to the prohibitions in  subdivision  two  of  section  four thousand  three hundred six the donor may designate in his will, card or other document of gift  the  surgeon  or  physician  to  carry  out  the appropriate  procedures.  In  the  absence  of  a designation, or if the designee is not available, the  donee  or  other  person  authorized  to accept the gift may employ or authorize any surgeon or physician for the purpose.
  5. Any gift by a person designated in subdivision two of section four thousand three hundred one of this article shall be by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message.

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TLC PRESENTATIONS


Total Life Choices provides free legal education seminars and trainings on legal planning to community groups and medical and social service professionals. To schedule a TLC presentation, contact Tina Janssen-Spinosa, Esq. at (212) 613-5062 or .(JavaScript must be enabled to view this email address)

 

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