|
APPENDIX 6
Recommendations of the Secretary's Advisory Committee
on Organ Transplantstion (ACOT)
Donor Designation:
State Law and OPO Practice
Table A: Summary
Legal Policy and Practice
(Note:
OPO retrieval information obtained by telephone survey)
Jurisdiction |
OPO would
retrieve without
family consent |
Jurisdiction |
OPO would
retrieve without
family consent |
Alabama* |
|
Montana |
Yes |
Alaska |
Yes |
Nebraska* |
No |
Arizona |
|
Nevada |
Yes |
Arkansas |
No |
New
Hampshire |
|
California |
No |
New
Jersey*
† |
Yes |
Colorado |
Yes |
New
Mexico |
|
Connecticut |
|
New
York* |
No |
Deleware |
No |
North
Carolina*
† |
Yes |
District
of Columbia* |
Yes |
North
Dakota |
|
Florida |
No |
Ohio*
† |
|
Georgia |
|
Oklahoma* |
Yes |
Guam* |
|
Oregon |
|
Hawaii |
No |
Pennsylvania |
Yes |
Idaho |
Yes |
Rhode
Island |
|
Illinois |
|
South
Carolina*
† |
|
Indiana |
No |
South
Dakota |
Yes |
Iowa |
Yes |
Tennessee |
Yes |
Kansas |
|
Texas* |
|
Kentucky*
† |
Yes |
U.S.
Virgin Islands |
|
Louisiana |
No |
Utah |
Yes |
Maine* |
|
Vermont |
|
Maryland* |
No |
Virginia |
Yes |
Massachusetts* |
|
Washington |
Yes |
Michigan* |
|
West
Virginia |
Yes |
Minnesota |
Yes |
Wisconsin |
No |
Mississippi* |
|
Wyoming |
|
Missouri |
|
|
|
*
indicates absence of 1987 UAGA Amendment
† indicates intent similar to 1987 Amendment
TABLE B: Jurisdictions with Apparent Conflict
between Legal Policy and Practice
1987 UAGA Amendment
jurisdictions that will not retrieve
against family wishes |
1968 UAGA Amendment
jurisdictions that will retrieve
against family wishes |
Arkansas |
District
of Columbia |
California |
Oklahoma |
Deleware |
|
Florida |
|
Hawaii |
|
Indiana |
|
Louisiana |
|
Wisconsin |
|
TABLE C: Details of State Laws on
Adoption of the 1987 Amendments:
Table C
includes:
(i)
jurisdictions that have
adopted the 1987 Amendment;
(ii)
jurisdictions that have
not adopted the 1987 amendments; and
(iii)
jurisdictions that have
adopted provisions similar to the 1987 Amendments
Jurisdiction |
Anatomical Gifting |
OPO would retrieve
w/o family consent |
The following jurisdictions
have adopted the 1987 Amendment: |
|
Alaska |
Sec. 13.50.010 Persons
who may execute an anatomical gift |
Yes |
|
(d) If the donee
has actual notice of contrary indications by the decedent
or that a gift by a member of a class is opposed by a
member of the same or a prior class, the donee may not
accept the gift. However, an anatomical gift that is not
revoked by the donor before death is irrevocable and does
not require the consent or concurrence of any person after
the donor's death. |
|
Arizona |
§ 36-842. Anatomical
gifts; execution; amendment; revocation;
refusal |
|
|
H. An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
Arkansas |
20-17-602 Making,
amending, revoking, and refusing to make anatomical gifts
by individual. |
No |
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. However, if a person
listed in § 20-17-603(a) knows of a contrary indication
by the donor that the gift be revoked and makes such indication
known to a representative of the organ procurement agency
created, organized, and existing under the laws of the
State of Arkansas, then the gift will only be effective
upon the consent of a person listed in § 20-17-603(a). |
|
California |
§ 7150.5. Making,
amending, revoking and refusing to make anatomical gifts
by individual |
No |
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
Colorado |
§ 12-34-103. Persons
who may execute an anatomical gift |
Yes |
|
(6) Unless
held for purposes specified in section 30-10-606, C.R.S.,
an anatomical gift that is not revoked by the donor
before death is irrevocable and does not require consent
or concurrence of any person after the donor's death. |
|
Connecticut |
§ 19a-279b. Making,
amending, revoking and refusing to make an anatomical
gift by an individual |
|
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and shall not require the consent or concurrence
of any person after the death of the donor. |
|
Delaware |
§ 2711 Persons who
may execute an anatomical gift. |
No |
|
(g) A donor's gift
of all or any part of the individual's body, as indicated
pursuant to this chapter, including, but not limited
to, a designation on a driver's license or identification
card, donor card, advance health care directive, will
or other document of gift, may not be revoked by the
next-of- kin or other persons identified in subsection
(c) of this section, nor shall the consent of any such
person at the time of the donor's death or immediately
thereafter be necessary to render the gift valid and
effective. |
|
Florida |
765.512. Persons
who may make an anatomical gift |
No |
|
(1) Any person who
may make a will may give all or part of his or her body
for any purpose specified in s. 765.510, the gift to
take effect upon death. An anatomical gift made by an
adult donor and not revoked by the donor as provided
in s. 765.516 is irrevocable and does not require the
consent or concurrence of any person after the donor's
death. |
|
Georgia |
§ 44-5-145. Gifts
may be made by will or other instrument; donees specified
or unspecified; designation of physician; signature
on document or recording |
|
|
(b) A gift of all
or part of the body under subsection (a) of Code Section
44-5-143 may also be made by a document of gift other
than a will, and for purposes of this subsection "document
of gift" means a document other than a will. Unless
the gift is deemed medically unsuitable, the gift becomes
effective and irrevocable upon the death of the donor
and does not require the consent or concurrence of any
other person after the donor's death. The document of
gift, which may be a card designed to be carried on
the person, must be signed by the donor. If the donor
cannot sign, the document of gift may be signed for
him at his direction and in his presence and in the
presence of two witnesses who must sign the document
in his presence. Delivery of the document of gift during
the donor's lifetime is not necessary to make the gift
valid. |
|
Hawaii |
§ 327-2 Making,
amending, revoking, and refusing to make anatomical
gifts by individual. |
No |
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
Idaho |
39-3403 Making,
amending, revoking, and refusing to make anatomical
gifts by individual. |
Yes |
|
(8) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
Illinois |
§ 3. Persons who
may execute an anatomical gift. |
|
|
(a) Any individual
of sound mind who has attained the age of 18 may give
all or any part of his or her body for any purpose specified
in Section 4. Such a gift may be executed in any of the
ways set out in Section 5, and shall take effect upon
the individual's death without the need to obtain the
consent of any survivor. An anatomical gift made by an
agent of an individual, as authorized by the individual
under the Powers of Attorney for Health Care Law, as now
or hereafter amended, is deemed to be a gift by that individual
and takes effect without the need to obtain the consent
of any other person. |
|
Indiana |
29-2-16-4 Methods
of making or refusing to make gift |
No |
|
(k) A gift under
this chapter or IC 9-24-17 that is not revoked before
the donor dies is irrevocable. |
|
Iowa |
142C.3. Donation
of anatomical gifts--persons who may execute--manner of
executing |
Yes |
|
8. A document of
gift that is not revoked by the donor prior to the donor's
death does not require the consent or concurrence of any
other person after the donor's death and is sufficient
legal authority, following the donor's death, for the
removal of any part donated under the document of gift,
without the consent or concurrence of any other person.
A person, including but not limited to a family member,
a guardian, an attorney in fact named under a durable
power of attorney for health care, or an executor of the
donor's estate, is not authorized to and shall not revoke
or in any way supersede a document of gift that is not
revoked by the donor prior to the donor's death. |
|
Kansas |
65-3214. Amendment
or revocation of the gift. |
|
|
(a) If the will,
card, or other document or executed copy thereof, has
been delivered to a specified donee, the donor may amend
or revoke the gift by:
(1) the execution and delivery to the donee of a signed
statement;
(2) an oral statement made in the presence of two persons
and communicated to the donee;
(3) a statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee;
or
(4) a signed card or document found on such person or
in such person's effects.
(b) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (a) or by destruction, cancellation,
or mutilation of the document and all executed copies
thereof.
(c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills or as provided in subsection (a).
(d) An anatomical gift that is not revoked by the donor
before death is irrevocable and does not require the consent
or concurrence of any person after the donor's death. |
|
Louisiana |
§ 2356. Revocation
of the gift |
No |
|
D. An anatomical
gift may not be amended or revoked by any person other
than the donor, except that when the gift is of the entire
body, the body shall be returned after removal of all
the useable organs to the surviving spouse or the next
of kin upon the request of either. |
|
Minnesota |
525.9211. Making,
amending, revoking, and refusing to make anatomical gifts
by individual |
Yes |
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. An anatomical
gift designation made by a will, a designation on a driver's
license or Minnesota identification card made under section
171.07, subdivision 5, or a health care directive under
chapter 145C, and not revoked, establishes the intent
of the person making the designation and may not be overridden
by any other person. For a donor's revocation of
an anatomical gift made by a document of gift to be valid,
the donor must use one of the methods of revocation in
paragraph (f). |
|
Missouri |
194.220. Persons
who may execute an anatomical gift |
|
|
1. Any individual
of sound mind who is at least eighteen years of age may
give all or any part of his or her body for any purpose
specified in section 194.230, the gift to take effect
upon death. Any individual who is a minor and at least
sixteen years of age may effectuate a gift for any purpose
specified in section 194.230, provided parental or guardian
consent is deemed given. Parental or guardian consent
shall be noted on the minor's donor card, application
for the donor's instruction permit or driver's license,
or other document of gift. An express gift that is not
revoked by the donor before death is irrevocable, and
the donee shall be authorized to accept the gift without
obtaining the consent of any other person. The provisions
of this subsection, relating to allowing a minor who is
at least sixteen years of age to effectuate a gift for
any purpose specified in section 194.230, through the
driver's license or instruction permit application process,
shall be effective July 1, 2003. |
|
Montana |
72-17-201. Making,
amending, revoking, and refusing to make anatomical gifts
by an individual |
Yes |
|
(8) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
Nevada |
451.555. Making,
amending, revoking and refusing to make gifts: By person |
Yes |
|
11. An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. The intent of a
donor to make an anatomical gift, as evidenced by a document
of gift, may not be revoked by any member of the classes
of persons set forth in subsection 1 of NRS 451.557. |
|
New Hampshire |
291-A: 3 Making,
Amending, Revoking, and Refusing to Make Anatomical Gifts
by Individual. |
|
|
VIII. An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
New Mexico |
24-6A-2 Making,
amending, revoking and refusing to make anatomical gifts;
by individual. |
|
|
G. An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
North Dakota |
23-06.2-02 Making,
amending, revoking, and refusing to make anatomical gifts
by individual. |
|
|
6. An anatomical
gift that is not revoked by the donor is irrevocable and
does not require the consent or concurrence of any other
person after the death of the donor but is subject to
subsection 2 of section 23-06.2-11. |
|
Oregon |
97.952. Personal
authority to make anatomical gift; procedure; delegation. |
|
|
(7) An anatomical
gift that is not revoked by the donor before death is
irrevocable and:
(a) Does not require the consent or concurrence of any
person after the death of the donor.
(b) Shall not be subject to cancellation or substantial
revision by persons described in ORS 97.954 (1). |
|
Pennsylvania |
§ 8617. Requests
for anatomical gifts |
Yes |
|
(c) Donor card.--Notwithstanding
any provision of law to the contrary, the intent of a
decedent to participate in an organ donor program as evidenced
by the possession of a validly executed donor card, donor
driver's license, living will, durable power of attorney
or other document of gift shall not be revoked by any
member of any of the classes specified in section 8611(b). |
|
Rhode Island |
23-18.6-2 Making,
amending, revoking, and refusing to make anatomical gifts
by individual. |
|
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
South Dakota |
34-26-33.2 Anatomical
gift irrevocable by any person other than donor -- On
donor's death no person's consent required. |
Yes |
|
An anatomical
gift of any part of the body under § 34-26-21 made pursuant
to §§ 34-26-22 to 34-26-23.1, inclusive, is irrevocable
by any person other than the donor as provided in § 34-26-33.1.
An anatomical gift does not require the consent or concurrence
of any person after the donor's death. |
|
Tennessee |
§ 68-30-114. Creation
of anatomical gift; amendment; revocation |
Yes |
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
Utah |
26-28-3 Anatomical
gifts --Eligibility to make --Procedures. |
Yes |
|
(9) A document of
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
U.S. Virgin Islands |
§ 403 Making, amending,
revoking, and refusing to make anatomical gifts by individual |
|
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
Vermont |
§ 5239
Making, amending, revoking and refusing to make anatomical
gifts by an individual |
|
|
(g) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
Virginia |
§ 32.1-290. Persons
who may execute anatomical gift or make organ donations;
when gift may be executed; examination of body authorized;
rights of donee paramount |
Yes |
|
E. An anatomical
gift or organ, tissue or eye donation, regardless of the
document making such gift or donation, that is not revoked
by the donor before death is irrevocable and does not
require the consent or concurrence of any person after
the donor's death for the eye enucleation, recovery of
the brain or other organ or harvesting of skin or bones
of the donor. |
|
Washington |
68.50.540. Anatomical
gifts--Authorized--Procedures--Changes--Refusal |
Yes |
|
(8) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of a person after the donor's death. |
|
West Virginia |
§ 16-19-2. Making,
amending, revoking, and refusing to make anatomical gifts
by individual |
Yes |
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. An anatomical gift
may not be revoked by the donor's next- of-kin or other
persons identified in subsection (a), section three of
this article, nor shall the consent of any of these persons,
at the time of the donor's death or immediately thereafter,
be necessary to render the gift valid and effective. |
|
Wisconsin |
157.06. Uniform
Anatomical Gift Act |
No |
|
(h) An anatomical
gift that is not revoked by the donor before death is
irrevocable and does not require the consent or concurrence
of any person after the donor's death. |
|
The following jurisdictions
have adopted the 1987 Amendment: |
|
Alabama |
§ 22-19-46. Amendment
or revocation of gift. |
|
|
(a) If the will,
card or other document, or executed copy thereof, has
been delivered to a specified donee, the donor may amend
or revoke the gift by:
(1) The execution and delivery to the donee of a signed
statement;
(2) An oral statement made in the presence of two persons
and communicated to the donee;
(3) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee;
or
(4) A signed card or document found on his person or in
his effects.
(b) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (a) of this section or by destruction,
cancellation or mutilation of the document and all executed
copies thereof.
(c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills or as provided in subsection (a) of this section. |
|
District of Columbia |
§ 7-1521.06. Amendment
or revocation of gift. |
Yes |
|
(a) If the will,
card, or other document or executed copy thereof, has
been delivered to a specified donee, the donor may amend
or revoke the gift by:
(1) The execution and delivery to the donee of a signed
statement;
(2) An oral statement made in the presence of two persons
and communicated to the donee;
(3) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee;
or
(4) A signed card or document found on his person or in
his effects.
(b) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (a) of this section or by destruction,
cancellation, or mutilation of the document and all executed
copies thereof.
(c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills, or as provided in subsection (a) of this section. |
|
Guam |
§ 83106. Amendment
or Revocation of the Gift. |
|
|
(a) If the will,
card or other document or executed copy thereof has been
delivered to a specified donee, the donor may amend or
revoke the gift by:
(1) The execution and delivery to the donee of a signed
statement; or
(2) An oral statement made in the presence of two (2)
persons and communicated to the donee; or
(3) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee;
or
(4) A signed card or document found on his person or in
his effects.
(b)Any document of gift which has not been delivered to
the donee may be revoked by the donor in the manner set
out in Subsection (a) or by destruction, cancellation
or mutilation of the document and all executed copies
thereof.
(c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills or as provided by Subsection (a). |
|
Maine |
§ 2906. Amendment
or revocation of the gift |
|
|
1. Amendment. If
the will, card or other document or executed copy thereof
has been delivered to a specified donee, the donor may
amend or revoke the gift by:
A. The execution and delivery to the donee of a signed
statement; or
B. An oral statement made in the presence of 2 persons
and communicated to the donee; or
C. A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee;
or
D. A signed card or document found on his person or in
his effects.
2. Revocation. Any document of gift that has not been
delivered to the donee may be revoked by the donor in
the manner set out in subsection 1 or by destruction,
cancellation or mutilation of the document and all executed
copies of the document.
3. Other methods. Any gift made by a will may also be
amended or revoked in the manner provided for amendment
or revocation of wills, or as provided in subsection 1.
4. Repealed. Laws 1995, c. 32, § 2; Laws 1995, c. 625,
§ A-23, eff. April 8, 1996. |
|
Maryland |
§ 4-507. Revocation |
No |
|
(a) Any document
of gift which has been delivered to the donee may be revoked
by:
(1) The execution and delivery to the donee or his agent
of a revocation in writing, signed by the donor;
(2) An oral statement of revocation witnessed by two persons,
and communicated to the donee or his agent;
(3) A statement during a terminal illness addressed to
the attending physician and communicated to the donee,
or his agent; or
(4) A card or other writing signed by the donor and carried
on his person or in his effects, revoking the gift.
(b) Any document of gift which has not been delivered
to the donee may be revoked in the manner set out in subsection
(a) of this section, or by destruction, cancellation,
or mutilation of the document.
(c) Any gift made by a will may be revoked in the manner
set out in subsection (a) of this section, or in the manner
provided for revocation or amendment of wills.
(d) A gift made by a donor designation on the driver's
license or identification card of the donor may be revoked
by giving written notice to the Motor Vehicle Administration
in accordance with § 12-303 of the Transportation Article. |
|
Massachusetts |
§ 12. Amendment
or revocation of gift by donor |
|
|
(a) If the will,
card or other document or executed copy thereof has been
delivered to a specified donee, the donor may amend or
revoke the gift by:
(1) the execution and delivery to the donee of a signed
statement, or
(2) an oral statement made in the presence of two persons
and communicated to the donee, or
(3) a statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee,
or
(4) a signed card or document found on his person or in
his effects.
(b) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (a) or by destruction, cancellation,
or mutilation of the document and all executed copies
thereof.
(c) Any gift made by a will may be also be amended or
revoked in the manner provided for amendment or revocation
of wills, or as provided in subsection (a). |
|
Michigan |
333.10107. Amendment
or revocation of gift |
|
|
Sec. 10107. (1)
If the will, card, or other document or executed copy
thereof, has been delivered to a specified donee, the
donor may amend or revoke the gift by any of the following
methods:
(a) The execution and delivery to the donee of a signed
statement.
(b) An oral statement made in the presence of 2 persons
and communicated to the donee.
(c) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee.
(d) A signed card or document found on the donor's person
or in the donor's effects.
(2) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (1), or by destruction, cancellation,
or mutilation of the document and all executed copies
thereof.
(3) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills, or as provided in subsection (1). |
|
Mississippi |
§ 41-39-41. Revocation
of gift |
|
|
a) Any document
of gift which has been delivered to the donee may be revoked
by either:
(1) the execution and delivery to the donee or his agent
of a revocation in writing, signed by the donor, or
(2) an oral statement of revocation witnessed by two persons,
and communicated to the donee or his agent, or
(3) a statement during a terminal illness addressed to
the attending physician and communicated to the donee
or his agent, or
(4) a card or other writing signed by the donor and carried
on his person or in his effects revoking the gift.
(b) Any document of gift which has not been delivered
to the donee may be revoked in the manner set out above
or by destruction, cancellation or mutilation of the document.
(c) Any gift made by a will may be revoked in the manner
set out in subsection (a) above or in the manner provided
for revocation or amendment of wills. |
|
Nebraska |
§ 71-4806. Gifts;
amendment; revocation. |
No |
|
(1) If the will,
card or other document or executed copy thereof, has been
delivered to a specified donee, the donor may amend or
revoke the gift by:
(a) The execution and delivery to the donee of a signed
statement;
(b) An oral statement made in the presence of two persons
and communicated to the donee;
(c) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee;
or
(d) A signed card or document found on his person or in
his effects.
(2) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (1) of this section or by destruction,
cancellation, or mutilation of the document and all executed
copies thereof.
(3) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills, or as provided in subsection (1) of this section. |
|
New York |
§ 4305. Revocation
of the gift |
No |
|
1. If the will,
card, or other document or executed copy thereof has been
delivered to a specified donee, the donor may amend or
revoke the gift by:
(a) the execution and delivery to the donee of a signed
statement, or
(b) an oral statement of revocation made in the presence
of two persons, communicated to the donee, or
(c) a statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee,
or
(d) a signed card or document, found on his person or
in his effects.
2. Any document of gift which has not been delivered to
the donee may be revoked in the manner set out in subdivision
one of this section or by destruction, cancellation, or
mutilation of the document and all executed copies thereof.
3. 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. |
|
Oklahoma |
§ 2207. Revocation
or amendment of gift |
Yes |
|
(a) If the will,
card, or other document, or executed copy thereof, has
been delivered to a specified donee, the donor may amend
or revoke the gift by:
(1) the execution and delivery to the donee of a signed
statement,
(2) an oral statement made in the presence of two persons
and communicated to the donee,
(3) a statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee,
or
(4) a signed card or document found on his person or in
his effects.
(b) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (a) or by destruction, cancellation,
or mutilation of the original document.
(c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills, or as provided in subsection (a). |
|
Texas |
§ 692.008. Amendment
or Revocation of Gift |
|
|
(a) If the donor
has delivered the will or other document, or executed
copy, to a specified donee, the donor may amend or revoke
the gift by:
(1) executing and delivering to the donee a signed statement;
(2) making an oral statement in the presence of two persons
that is communicated to the donee;
(3) making a statement to an attending physician that
is communicated to the donee; or
(4) executing a signed document that is found on the donor
or found in the donor's effects.
(b) If the donor has not delivered the document of gift
to the donee, the donor may revoke the gift in a manner
prescribed by Subsection (a) or by destroying, canceling,
or mutilating the document and each executed copy of the
document.
(c) If the donor made the gift by will, the donor may
revoke or amend the gift in a manner prescribed by Subsection
(a) or in a manner prescribed for the amendment or revocation
of a will. |
|
Wyoming |
§ 35-5-106 Amendment
or revocation of gift. |
|
|
(a) If the will,
card, or other document or executed copy thereof, has
been delivered to a specified donee, the donor may amend
or revoke the gift by:
(i) The execution and delivery to the donee of a signed
statement; or
(ii) An oral statement made in the presence of two (2)
persons and communicated to the donee; or
(iii) A statement during a terminal illness or injury
addressed to an attending physician and communicated to
the donee; or
(iv) A signed card or document found on his person or
in his effects.
(b) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (a) of this section, or by destruction,
cancellation, or mutilation of the document and all executed
copies thereof.
(c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills, or as provided in subsection (a) of this section.
(d) A donor who has notified the procurement agency pursuant
to W.S. 35-5- 104(b) to be included in the registry, may
amend or revoke the gift by notifying the procurement
agency of the change. |
|
The following jurisdictions
have adopted provisions similar to the 1987 Amendments: |
|
Kentucky |
311.215 AMENDMENT
OR REVOCATION OF THE GIFT |
Yes |
|
1) If the will,
card, or other document or executed copy thereof, has
been delivered to a specified donee, the donor may amend
or revoke the gift by:
(a) The execution and delivery to the donee of a signed
statement, or
(b) An oral statement made in the presence of two (2)
persons and communicated to the donee, or
(c) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee,
or
(d) A signed card or document found on his person or in
his effects.
(2) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (1) of this section, or by destruction,
cancellation, or mutilation of the document and all executed
copies thereof.
(3) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills, or as provided in subsection (1) of this section.
(4) Any gift of a transplantable organ identified by a
will, card, or other document or executed copy thereof
which stipulates remuneration of any type in return for
the anatomical gift shall be null and void. |
|
|
311.237 REQUIREMENT
TO HONOR DONOR'S WISHES UNLESS REVOKED |
|
|
If an individual
has made an anatomical gift by signing the anatomical
gift section on the back of his or her operator's license
or by directing the gift as a part of a living will directive
according to KRS 311.623, the individual's family members
and any health care surrogate as defined in KRS 311.621
shall honor the wishes upon the death of the individual
and shall not have any legal standing or authority to
modify the decedent's wishes or deny the anatomical gift
from being made to the donee for the purposes stated in
KRS 311.185, unless the gift has been revoked. |
|
New Jersey |
26:6-62. Amendment
or revocation of gift by donor |
Yes |
|
(a) If the will,
card, or other document or executed copy thereof, has
been delivered to a specified donee, the donor may amend
or revoke the gift by:
(1) The execution and delivery to the donee of a signed
statement, or
(2) An oral statement made in the presence of 2 persons
and communicated to the donee, or
(3) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee,
or
(4) A signed card or document found on his person or in
his effects.
(b) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (a) or by destruction, cancellation,
or mutilation of the document and all executed copies
thereof.
(c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills or as provided in subsection (a). |
|
|
26:6-60. Gift by
will or other document or recorded message |
|
|
(f) Notwithstanding
any provision of law to the contrary, the intent of
a decedent to give all or any part of his body as a gift
pursuant to
section 2(a) of P.L.1969, c. 161 (C.26:6-58), as evidenced
by the
possession of a donor card, donor designation on a driver's
license,
advance directive pursuant to P.L.1991, c. 201 (C.26:2H-53
et seq.),
other document of gift, or by registration with a Statewide
organ and
tissue donor registry, shall not be revoked by any person
designated in
section 2(b) of P.L.1969, c. 161 (C.26:6-58), nor shall
the consent of
any such person at the time of the donor's death or immediately
thereafter be necessary to render the gift valid and effective. |
|
North Carolina |
§ 130A-408. Amendment
or revocation of the gift |
Yes |
|
(a) If the will,
card or other document or executed copy has been delivered
to a specified donee, the donor may amend or revoke the
gift by:
(1) The execution and delivery to the donee of a signed
statement;
(2) An oral statement made in the presence of two persons
and communicated to the donee;
(3) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee;
or
(4) A signed card or document found on the individual
or in the individual's effects, and made known to the
donee.
(b) A guardian may amend or revoke the gift by the execution
and delivery to the donee of a signed statement.
(c) Any document of gift which has not been delivered
to the donee may be revoked by the donor or guardian in
the manner set out in subsection (a) or by destruction,
cancellation or mutilation of the document and all executed
copies.
(d) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills or as provided in subsection (a). |
|
|
§ 130A-404. Persons
who may make an anatomical gift |
|
|
(a) An individual
of sound mind and 18 years of age or more may give all
or any part of that individual's body for any purpose
specified in G.S. 130A- 405. A gift made in accordance
with G.S. 130A-406 shall be sufficient legal authority
for procurement without additional authority from the
donor or the donor's family or estate. The gift shall
take effect upon death. A gift made by the donor in accordance
with G.S. 130A-406 may not be revoked upon the donor's
death, and neither the donor's family nor the donor's
health care agent appointed pursuant to Article 3 of Chapter
32A of the General Statutes may refuse to honor the gift
or thwart the procurement of the donation. |
|
Ohio |
2108.06 MANNER OF
AMENDMENT OR REVOCATION |
|
|
(A) If the will,
card, or other document of gift or an executed copy thereof,
has been delivered to a specified donee, the donor may
amend or revoke the anatomical gift by any of the following
means:
(1) The execution and delivery to the donee of a signed
statement;
(2) An oral statement made in the presence of two persons
and communicated to the donee;
(3) A statement during a terminal illness or injury addressed
to the physician attending the donor and communicated
to the donee;
(4) A signed card or document found on his person or in
his effects.
(B) The donor may revoke any document of gift which has
not been delivered to the donee, in any manner specified
in division (A) of this section or by destruction, cancellation,
or mutilation of the document and all executed copies
of it.
(C) Any anatomical gift made by a will may also be amended
or revoked in the manner provided for amendment or revocation
of wills or as provided in division (A) of this section. |
|
|
2108.04 INSTRUMENT
OF GIFT |
|
|
(F) A valid declaration
of an anatomical gift made under division (A), (B), or
(C) of this section prevails over any contrary desires
of the donor's family regarding the donor's corpse, but
nothing in this section shall be construed as requiring
a donee to accept an anatomical gift. |
|
South Carolina |
§ 44-43-370. Amendment
or revocation of gift. |
|
|
(a) If the will,
card or other document or executed copy thereof, has been
delivered to a specified donee, the donor may amend or
revoke the gift by:
(1) The execution and delivery to the donee of a signed
statement, or
(2) An oral statement made in the presence of two persons
and communicated to the donee, or
(3) A statement during a terminal illness or injury addressed
to an attending physician and communicated to the donee,
or
(4) A signed card or document found on his person or in
his effects.
(b) Any document of gift which has not been delivered
to the donee may be revoked by the donor in the manner
set out in subsection (a) or by destruction, cancellation,
or mutilation of the document and all executed copies
thereof.
(c) Any gift made by a will may also be amended or revoked
in the manner provided for amendment or revocation of
wills, or as provided in subsection (a). |
|
|
§ 44-43-350. Manner
in which gift may be made. |
|
|
(f) If an organ
and tissue donor card, donor driver's license, living
will, durable power of attorney, or other document of
gift evidencing a
gift of organs, tissue, or eyes, or any combination of
these has been
executed, the consent required pursuant to Section 44-43-330
is not
required to render the gift valid and effective. |
|
|
|