Oregon Statutes 97.959 – Revocation or amendment of anatomical gift by donor or agent or guardian of donor
(1) Except as provided in subsection (7) or (8) of this section, an anatomical gift made under ORS § 97.957 may be amended or revoked only by the donor in accordance with the provisions of this section and may not be amended or revoked by any other person otherwise authorized to make, amend or revoke a gift under ORS § 97.963 or 97.967.
Terms Used In Oregon Statutes 97.959
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) A donor or other person authorized to amend or revoke an anatomical gift under subsection (7) or (8) of this section may amend or revoke an anatomical gift by:
(a) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (3) of this section, 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
(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.
(3) A record signed pursuant to subsection (2)(a)(C) of this section must:
(a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as required in this subsection.
(4) A donor or other person authorized to revoke an anatomical gift under subsection (7) or (8) of this section 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.
(5) 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 two adults, at least one of whom is a disinterested witness.
(6) 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 (4) of this section.
(7) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or body part.
(8) An agent or guardian of a donor may amend or revoke an anatomical gift only if:
(a) The agent or guardian made the gift under ORS § 97.955 (2)(b) or (d); or
(b) The form appointing a health care representative, as defined in ORS § 127.505, or other record appointing the agent expressly authorizes the agent to amend or revoke anatomical gifts. [2007 c.681 § 5; 2009 c.106 § 2; 2011 c.61 § 1; 2018 c.36 § 26]
See note under 97.951.
[1995 c.717 § 6; 1997 c.472 § 9; repealed by 2007 c.681 § 31]