TITLE 39

HEALTH AND SAFETY

CHAPTER 45

THE MEDICAL CONSENT AND NATURAL DEATH ACT

39-4511A.  Revocation of advance care planning document. (1) An advance care planning document (ACPD) may be revoked at any time by the maker thereof by any of the following methods:

(a)  By being intentionally canceled, defaced, obliterated, burned, torn, or otherwise destroyed by the maker thereof, or by some person in his presence and by his direction;

(b)  By a written signed revocation by the maker thereof expressing his intent to revoke;

(c)  By an oral expression by the maker thereof expressing his intent to revoke; or

(d)  By any other action that clearly manifests the maker’s intent to revoke the ACPD.

(2)  The maker of the revoked ACPD is responsible for notifying his health care providers of the revocation. A health care provider who does not have actual knowledge of the revocation is entitled to rely on an otherwise apparently valid ACPD as though it had not been revoked.

(3)  There shall be no criminal or civil liability on the part of any person for the failure to act upon a revocation of an ACPD made pursuant to this chapter unless that person has actual knowledge of the revocation.

History:

[(39-4511A) 39-4511, added 2005, ch. 120, sec. 2, p. 389; am. 2006, ch. 67, sec. 4, p. 208; am. 2007, ch. 196, sec. 12, p. 590; am. and redesig. 2012, ch. 302, sec. 9, p. 834; am. 2017, ch. 273, sec. 2, p. 714; am. 2023, ch. 307, sec. 12, p. 928.]