Title 31, Chapter 32, Section 5
( 31-32-5)
(a) A living will may be revoked at any time by the declarant,
without regard to his mental state or competency, by any of the
following methods: (1) By being canceled, defaced, obliterated, burnt, torn, or
otherwise destroyed by the declarant or by some person in his
presence and by his direction; (2) By the declarant or a person acting at the direction of the
declarant signing and dating a written revocation expressing the
intent of the declarant to revoke. In order to be effective, such
a written revocation must clearly express an intention to revoke a
living will as opposed to a will or wills relating to the
disposition of property after death; and without limiting the
generality of the foregoing, it is specifically provided that the
revocation clause which is customarily included in a will relating
to the disposition of property and which provides for the
revocation of "all other wills" of the testator shall not operate
to revoke a living will without further evidence of a specific
intent to revoke the living will. Such revocation shall become
effective only upon communication to the attending physician by
the declarant or by a person acting at the direction of the
declarant. The attending physician shall record in the patient's
medical record the time and date when he received notification of
the written revocation; or (3) By any verbal or nonverbal expression by the declarant of his
intent to revoke the living will. In order to be effective, such
an oral revocation must clearly express an intention to revoke a
living will as opposed to a will relating to the disposition of
property after death. Such revocation shall become effective only
upon communication to the attending physician by the declarant or
by a person acting at the direction of the declarant. The
attending physician shall record in the patient's medical record
the time, date, and place of the revocation and the time, date,
and place, if different, when he received notification of the
revocation. (b) Any person who participates in the withholding or withdrawal of
life-sustaining procedures pursuant to a living will, as authorized
by this chapter, which person has actual knowledge that such living
will has been properly revoked, shall not have any civil or criminal
immunity otherwise granted under this chapter for such conduct. |