U.S. Department of Health and Human Services
Advisory Committee on Organ Transplantation
Recommendations to the Secretary
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 |
Delaware |
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 |
Delaware |
|
Florida |
|
Hawaii |
|
Indiana |
|
Louisiana |
|
Wisconsin |
|
TABLE C: Details of State Laws on Adoption of the 1987 Amendments:
Table C includes:
- Jurisdictions that have adopted the 1987 Amendment;
- Jurisdictions that have not adopted the 1987 amendments; and
- 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. |
|
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