2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 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), 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.