Louisiana § RS 17:2356 - Revocation or amendment of the gift before death

§ RS 17:2356. Revocation or amendment of the gift before death

A.  A person authorized to make an anatomical gift in accordance with this Part may amend or revoke the gift by a signed record  or a later-executed document of gift that amends or revokes a previous gift or portion of a gift either expressly or by inconsistency.

B.  A signed record in accordance with Subsection A of this Section shall be witnessed by at least two adults, one of whom is a disinterested witness, and state that it has been signed and witnessed in accordance with law.

C.  An anatomical gift executed in accordance with this Part may be revoked by destruction, cancellation of the document of gift, or cancellation of the portion of the document of gift used to make the gift, with the intent to revoke.

D.  Any anatomical gift made by a will may be revoked or amended in the manner provided for revocation or amendment of wills or as provided in Subsection A of this Section.

E.  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 two adults, one of whom is disinterested.

F.  A person authorized to make an anatomical gift in accordance with this Section may make a gift by executing a signed document of gift or by oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

G.  Subject to Subsection E of this Section, an anatomical gift by an authorized person may be amended or revoked orally or in a record by any reasonably available member of a higher ranking class.  If more than one member of the class is available, the gift may be amended only if a majority of the members agree or revoked only if a majority of the  members agree or are equally divided.

H.  A revocation in accordance with Subsection C of this Section is effective only if before an incision has been made to remove a part from the body of the donor or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

Acts 1968, No. 651, §1.  Acts 1984, No. 196, §1; Acts 2010, No. 937, §2, eff. July 1, 2010.