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This entry was published on 2020-06-26
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SECTION 4305
Amendments or revocation of the gift
Public Health (PBH) CHAPTER 45, ARTICLE 43
§ 4305. Amendments or revocation of the gift. 1. An individual who has
created a document of gift may only amend or revoke his or her gift by:

(a) a record signed, subsequently to the creation of the document of
gift by:

(i) such individual;

(ii) another person authorized to make the anatomical gift on behalf
of such individual; or

(iii) another person acting at the direction of such individual or
other person authorized to make the anatomical gift if such individual
is unable to sign; or

(b) an oral statement of revocation, subsequent to the creation of the
gift, made by such individual in the presence of two persons, at least
one of whom is a disinterested witness; or

(c) a later-executed document of gift made by such individual that
amends or revokes a previous anatomical gift or portion of an anatomical
gift either expressly or by inconsistency; or

(d) a statement during a terminal illness or injury addressed to an
attending physician and communicated to the donee made by such
individual; or

(e) a signed card or document, found on such individual's person or in
such individual's effects; or

(f) such individual's will, created subsequently to the creation of
the document of gift, whether or not the will is admitted to probate or
invalidated after such individual's death.

2. (a) Subject to paragraphs (b) and (c) of this subdivision, a person
authorized to make an anatomical gift on behalf of another individual
pursuant to subdivision two of section forty-three hundred one of this
article may revoke or amend such gift by:

(i) a record signed by that individual; or

(ii) an oral statement of revocation, subsequent to the creation of
the document of gift, made by that individual in the presence of two
persons, at least one of whom is a disinterested witness; or

(iii) a later-executed document of gift that amends or revokes a
previous anatomical gift or portion of an anatomical gift made by that
individual, either expressly or by inconsistency.

(b) If more than one member of a class listed in subparagraph (iv),
(vi), (vii), or (viii) of paragraph (a) of subdivision two of section
forty-three hundred one of this article is reasonably available, a gift
made pursuant to subdivision two of section forty-three hundred one of
this article shall be amended or revoked only if a majority of the
reasonably available members agree.

(c) An amendment or revocation is effective only if, before an
incision has been made to remove a part from the donor's body or before
invasive procedures have begun to prepare the recipient, the procurement
organization, transplant hospital, or physician or technician knows of
the revocation.

3. Any document of gift may be revoked in the manner set out in
subdivision one or two of this section or by destruction, cancellation,
or mutilation of the document and all executed copies thereof.

4. Any gift made by a will may be revoked or amended in the manner
provided for revocation or amendment of wills or as provided in
subdivision one of this section.

5. In the absence of contrary indications by the donor, a revocation
or amendment of an anatomical gift is not a refusal to make another
anatomical gift not otherwise prohibited by the revocation or amendment,
either by the prospective donor or another person specified in
subdivision two of section forty-three hundred one of this article.