Florida Statute 765.512
“Persons who may make an anatomical gift”
What it means
Who can give a body or its parts? First, the donor: any person who may make a will may make an anatomical gift. A donor's gift is irrevocable after death, and the statute is explicit that a family member, guardian, representative ad litem, or health care surrogate may not modify, deny, or prevent it.
When the decedent made no gift, others may give on the decedent's behalf, in strict order: spouse; adult son or daughter; either parent; adult brother or sister; adult grandchild; grandparent; close personal friend; guardian of the person; court-appointed representative ad litem. Reasonably available members of higher classes must be contacted, and a gift cannot be accepted over actual notice of the decedent's contrary indications or a higher-priority objection.
- Anyone who may make a will may make an anatomical gift of their own body.
- A donor's gift is irrevocable after death — family, guardian, representative ad litem, and health care surrogate may not modify, deny, or prevent it.
- No gift by the donor → others may give, in order: spouse → adult child → parent → sibling → adult grandchild → grandparent → close friend → guardian → representative ad litem.
- Reasonably available members of higher classes must be contacted before a lower class acts.
- Actual notice of the decedent's contrary indications blocks the gift entirely.
How it plays out
Two calls come to our office under this section. The first: a family wanting to cancel a parent's donor designation — and the statute's answer is no; we explain the bar before feelings harden into a dispute with the hospital. The second: no designation exists, and a procurement organization needs the right relative. The priority list works like the intestacy ladder our probate files run on — the same relatives, in nearly the same order — so we can usually identify the authorized decision-maker in one conversation. Telling your family what you chose remains the cheapest dispute-avoidance tool in this part.
Where this shows up
Pages on this site where § 765.512 does real work:
Questions people ask
