Anatomical Gifts By Others
In the absence of any instructions by the decedent, Pennsylvania outlines specific categories of people who are entitled to make an anatomical donation of all or any part of the decedent's body.

The following order of priority is established for those who may make these gifts.
1. The spouse.
2. An adult child.
3. Either parent.
4. An adult sibling.
5. A guardian of the person for the decedent at the time of death.
6. Any other person authorized or obligated to dispose of the decedent's body.

Although there is an order of priority, it is based upon the availability of any class member at the time of death. For instance, if the surviving spouse is not available at the time of death, any available adult child is entitled to make donations. Similarly, if none of the adult children are available either living parent may make the decision.

Note, however, that actual notice of opposition to a gift by a member of a higher class or member of the same class will prevent any other person in a lower or in the same class from authorizing an anatomical gift, even if that person is the only person available at the time of death.

For Example:
A child who knows that his mother does not wish to make any anatomical gifts of the father/husband's body is not entitled to authorize any gifts, even if the mother cannot be reached to express her opinion at the time of the father/husband's death.

Despite this system of priority, actual notice of the decedent's instructions outweighs the authority of any other individual, such as any instructions made by a valid Anatomical Gift Directive.

See: Anatomical Gift Directive, Who May Create; Anatomical Gift Directive, When Effective