N.Y. Public Health Law § 4305: Amendments or revocation of the gift

§ 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.

2. (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), (viii), or (x) 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.