Maine Revised Statutes Title 22 Sec. 2946 – Amending or revoking anatomical gift before donor’s death
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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 [PL 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. [PL 2007, c. 601, §2 (NEW).]
[PL 2007, c. 601, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2946
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research or education. See Maine Revised Statutes Title 22 Sec. 2942
- Disinterested witness: means a witness other than the spouse, domestic partner, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual and who is familiar with the individual's personal values. See Maine Revised Statutes Title 22 Sec. 2942
- Document of gift: means a donor card, advance directive or other record used to make an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942
- Donor: The person who makes a gift.
- Donor: means an individual whose body or part is the subject of an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 22 Sec. 2942
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 22 Sec. 2942
- Sign: means , with the present intent to authenticate or adopt a record:
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 [PL 2007, c. 601, §2 (NEW).]
B. State that it has been signed and witnessed as provided in paragraph A. [PL 2007, c. 601, §2 (NEW).]
[PL 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.
[PL 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.
[PL 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.
[PL 2007, c. 601, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 601, §2 (NEW).