Massachusetts General Laws ch. 113A sec. 6 – Amending or revoking anatomical gift before donor’s death
Section 6. (a) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 may amend or revoke an anatomical gift by:
Terms Used In Massachusetts General Laws ch. 113A sec. 6
- 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.
(1) a record signed by:
(i) the donor;
(ii) the other individual; or
(iii) subject to subsection (b), another individual acting at the direction of the donor or other individual if such donor or other individual is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous document of gift or portion of a document of gift, either expressly or by inconsistency.
(b) A record signed pursuant to subclause (iii) of clause (1) of subsection (a) shall:
(1) be witnessed by at least 2 adults, at least 1 of whom shall be a disinterested witness, who have signed at the request of the donor or other individual; and
(2) state that it has been signed and witnessed as provided in clause (1).
(c) Subject to section 8, a donor or other individual authorized to make an anatomical gift under section 4 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 1 of whom shall be 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).