Revocation of Anatomical Gift Donation
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MARYLAND CODE
REVOCATION OF ANATOMICAL GIFTS
(§§ 4-51 through 4-512 - Estates and Trusts)
Any individual who is 18 years of age or over and who is competent
to execute a will may give all or any part of his body for any one or more
of the purposes specified in this subtitle. The gift takes effect after
death of the donor.
An anatomical gift shall be by a document signed by the donor, by
his telegraphic, recorded telephonic, or other recorded message, or by
a witnessed telephonic statement.
A gift of all or part of the body may be made by will. The
gift becomes effective immediately upon 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 may be made by document other
than a will. The document must be signed by the donor in the presence of
two witnesses, who, in turn, shall sign the document in the presence of
the donor. If the donor cannot sign in person, the document may be signed
for him, at his direction and in his presence, and in the presence of two
witnesses, who, in turn, shall sign the document in the presence of the
donor.
Delivery of the document or gift during the lifetime of the donor
is not necessary to make the gift valid. The document may consist of a
properly executed card carried on the person of the donor or in his effects.
The document and/or card may conform substantially to the statutory form.
Any document of gift which has been delivered to the donee may be
revoked by:
The execution and delivery to the donee or his agent of a revocation
in writing, signed by the donor;
An oral statement of revocation witnessed by two persons, and communicated
to the donee or his agent;
A statement during a terminal illness addressed to the attending physician
and communicated to the donee, or his agent; or
A card or other writing signed by the donor and carried on his person
or in his effects, revoking the gift.
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.
Any gift made by a will may be revoked in the manner set out above
or in the manner provided for revocation or amendment of wills.
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