Law Summaries

New York Anatomical Gift Law

Uniform Anatomical Gift - General - New York

Related to Uniform Anatomical Gift

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 be comes 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:

1. the execution and delivery to the donee of a signed statement, or
2. an oral statement of revocation made in the presence of two persons, communicated to the donee, or
3. a statement during a terminal illness or injury addressed to an attending physician and communicated to the donee, or
4. 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.





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