Maine Revised Statutes

§2946. Amending or revoking anatomical gift before donor's death

1. Donor or authorized person.   Subject to section 2948, a donor or other person authorized to make an anatomical gift under section 2944 may amend or revoke an anatomical gift by:
A. A record signed by:
(1) The donor;
(2) The other person; or
(3) Subject to subsection 2, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or [2007, c. 601, §2 (NEW).]
B. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. [2007, c. 601, §2 (NEW).]
[ 2007, c. 601, §2 (NEW) .]
2. Individual acting at donor's or authorized person's direction.  A record signed pursuant to subsection 1, paragraph A, subparagraph (3) must:
A. Be witnessed by at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and [2007, c. 601, §2 (NEW).]
B. State that it has been signed and witnessed as provided in paragraph A. [2007, c. 601, §2 (NEW).]
[ 2007, c. 601, §2 (NEW) .]
3. Revocation by destruction or cancellation of document.  Subject to section 2948, a donor or other person authorized to make an anatomical gift under section 2944 may revoke the gift by the destruction or cancellation of the document of gift, or a portion of the document of gift used to make the gift, with the intent to revoke the gift.
[ 2007, c. 601, §2 (NEW) .]
4. Amendment or revocation by donor during terminal illness or injury.  A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 other individuals who are at least 18 years of age, one of whom is a disinterested witness.
[ 2007, c. 601, §2 (NEW) .]
5. Amendment or revocation of gift in will.  A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection 1.
[ 2007, c. 601, §2 (NEW) .]
SECTION HISTORY
2007, c. 601, §2 (NEW).