Illinois Compiled Statutes 755 ILCS 50/5-42 – Amending or revoking anatomical gift before donor’s death
Current as of: 2024 | Check for updates
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(a) Subject to Section 5-7, a donor or other person authorized to make an anatomical gift under subsection (a) of Section 5-5 may amend or revoke an anatomical gift by:
(1) a record signed by:
(A) the donor;
(B) the other authorized person; or
(C) subject to subsection (b) of this Section,
(1) a record signed by:
Terms Used In Illinois Compiled Statutes 755 ILCS 50/5-42
- 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.
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Wills: includes codicils. See Illinois Compiled Statutes 5 ILCS 70/1.13
(A) the donor;
(B) the other authorized person; or
(C) subject to subsection (b) of this Section,
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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
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(2) a later-executed document of gift that amends or
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revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
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(b) A record signed under subdivision (a)(1)(C) of this Section must:
(1) be witnessed by at least 2 adults, at least one
(1) be witnessed by at least 2 adults, at least one
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of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
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(2) state that it has been signed and witnessed as
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provided in paragraph (1) of this subsection (b).
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(c) Subject to Section 5-7, a donor or other person authorized to make an anatomical gift under subsection (a) of Section 5-5 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) 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 adults, at least one of whom is a disinterested witness.
(e) 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 (a) of this Section.
(d) 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 adults, at least one of whom is a disinterested witness.
(e) 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 (a) of this Section.