§2946. Amending or revoking anatomical gift before donor's death

1.  Donor or authorized person.  Subject to section 2948, a donor or other person authorized to make an anatomical gift under section 2944 may amend or revoke an anatomical gift by:

A. A record signed by:

(1) The donor;

(2) The other person; or

(3) Subject to subsection 2, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or   [PL 2007, c. 601, §2 (NEW).]

B. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.   [PL 2007, c. 601, §2 (NEW).]

[PL 2007, c. 601, §2 (NEW).]

2.  Individual acting at donor's or authorized person's direction.  A record signed pursuant to subsection 1, paragraph A, subparagraph (3) must:

A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and   [PL 2007, c. 601, §2 (NEW).]

B. State that it has been signed and witnessed as provided in paragraph A.   [PL 2007, c. 601, §2 (NEW).]

[PL 2007, c. 601, §2 (NEW).]

3.  Revocation by destruction or cancellation of document.  Subject to section 2948, a donor or other person authorized to make an anatomical gift under section 2944 may revoke the gift by the destruction or cancellation of the document of gift, or a portion of the document of gift used to make the gift, with the intent to revoke the gift.

[PL 2007, c. 601, §2 (NEW).]

4.  Amendment or revocation by donor during terminal illness or injury.  A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness.

[PL 2007, c. 601, §2 (NEW).]

5.  Amendment or revocation of gift in will.  A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection 1.

[PL 2007, c. 601, §2 (NEW).]

SECTION HISTORY

PL 2007, c. 601, §2 (NEW).