N.Y. Pub. Health Law § 4305

Current through 2024 NY Law Chapter 553

Section 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.

(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.

N.Y. Pub. Health Law § 4305

Amended by New York Laws 2020, ch. 45,Sec. 4, eff. 6/23/2020.

Amended by New York Laws 2019, ch. 742,Sec. B-2, eff. 6/23/2020.