Uniform Anatomical Gift Act Donation
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE NEW YORK CONSOLIDATED LAWS
ANATOMICAL GIFTS
(Chapter 45, Article 43, §§ 4300 through 4309)
Anatomical Gift
Any individual of sound mind and eighteen years of age or more may
make an anatomical gift for any purpose allowed by law.
An anatomical gift by will becomes effective upon the death of
the testator without waiting for probate. If the will is not probated,
or if it is declared invalid for testamentary purposes, the gift, to the
extent that it has been acted upon in good faith, is valid and effective.
A gift of all or part of the body under this article may also be
made by document other than a will.
An anatomical gift by any other means becomes effective upon the
death of the donor.
A document of gift, which may be a card designed to be carried on
the person, must be signed by the donor in the presence of two witnesses
who must sign the document in the donor's presence.
Delivery of the document of gift during the donor's lifetime is
not necessary to make the gift valid.
Amendment and Revocation of Anatomical Gift
If the will, card, or other document or executed copy thereof has
been delivered to a specified donee, the donor may amend or revoke the
gift by:
- the execution and delivery to the donee of a signed statement, or
- an oral statement of revocation made in the presence of two persons,
communicated to the donee, or
- a statement during a terminal illness or injury addressed to an attending
physician and communicated to the donee, or
- a signed card or document, found on his person or in his effects.
Any document of gift which has not been delivered to the donee may
be revoked in the manner set out above or by destruction, cancellation,
or mutilation of the document and all executed copies of the document.
A gift made by a will may be revoked or amended in the manner provided
for revocation or amendment of wills or as set out above.