§ 4305 — Amendments or revocation of the gift

New York § 4305

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 43: Anatomical Gifts

Text

§ 4305. Amendments or revocation of the gift. 1. An individual who has\ncreated a document of gift may only amend or revoke his or her gift by:\n (a) a record signed, subsequently to the creation of the document of\ngift by:\n (i) such individual;\n (ii) another person authorized to make the anatomical gift on behalf\nof such individual; or\n (iii) another person acting at the direction of such individual or\nother person authorized to make the anatomical gift if such individual\nis unable to sign; or\n (b) an oral statement of revocation, subsequent to the creation of the\ngift, made by such individual in the presence of two persons, at least\none of whom is a disinterested witness; or\n (c) a later-executed document of gift made by such individual that\namends or revokes a previous anatomical gift or portion of an anatomical\ngift either expressly or by inconsistency; or\n (d) a statement during a terminal illness or injury addressed to an\nattending physician and communicated to the donee made by such\nindividual; or\n (e) a signed card or document, found on such individual's person or in\nsuch individual's effects; or\n (f) such individual's will, created subsequently to the creation of\nthe document of gift, whether or not the will is admitted to probate or\ninvalidated after such individual's death.\n 2. (a) Subject to paragraphs (b) and (c) of this subdivision, a person\nauthorized to make an anatomical gift on behalf of another individual\npursuant to subdivision two of section forty-three hundred one of this\narticle may revoke or amend such gift by:\n (i) a record signed by that individual; or\n (ii) an oral statement of revocation, subsequent to the creation of\nthe document of gift, made by that individual in the presence of two\npersons, at least one of whom is a disinterested witness; or\n (iii) a later-executed document of gift that amends or revokes a\nprevious anatomical gift or portion of an anatomical gift made by that\nindividual, either expressly or by inconsistency.\n (b) If more than one member of a class listed in subparagraph (iv),\n(vi), (vii), (viii), or (x) of paragraph (a) of subdivision two of\nsection forty-three hundred one of this article is reasonably available,\na gift made pursuant to subdivision two of section forty-three hundred\none of this article shall be amended or revoked only if a majority of\nthe reasonably available members agree.\n (c) An amendment or revocation is effective only if, before an\nincision has been made to remove a part from the donor's body or before\ninvasive procedures have begun to prepare the recipient, the procurement\norganization, transplant hospital, or physician or technician knows of\nthe revocation.\n 3. Any document of gift may be revoked in the manner set out in\nsubdivision one or two of this section or by destruction, cancellation,\nor mutilation of the document and all executed copies thereof.\n 4. Any gift made by a will may be revoked or amended in the manner\nprovided for revocation or amendment of wills or as provided in\nsubdivision one of this section.\n 5. In the absence of contrary indications by the donor, a revocation\nor amendment of an anatomical gift is not a refusal to make another\nanatomical gift not otherwise prohibited by the revocation or amendment,\neither by the prospective donor or another person specified in\nsubdivision two of section forty-three hundred one of this article.\n