§ 9704 - Amendment, suspension, and revocation
§ 9704. Amendment, suspension, and revocation
(a)(1) A principal with capacity may amend, suspend, or revoke an advance directive or any specific instruction in an advance directive by executing a new advance directive or instruction pursuant to section 9703 of this title.
(2) A provision in a subsequently executed advance directive amends an earlier provision in an advance directive to the extent of any conflict between them.
(b)(1) Except as provided in subdivision (3) of this subsection, a principal with or without capacity may suspend or revoke all or part of an advance directive, including the designation of an agent:
(A) by signing a statement suspending or revoking all or part of an advance directive;
(B) by personally informing the principal's clinician, who shall make a written record of the suspension or revocation in the principal's medical record; or
(C) by burning, tearing, or obliterating the advance directive, either by the principal personally or by another person at the principal's express direction and in the presence of the principal.
(2) Except as provided in subdivision (3) of this subsection, a principal with or without capacity may suspend or revoke any provision other than the designation of an agent, orally, in writing, or by any other act evidencing a specific intent to suspend or revoke.
(3) A provision in an advance directive executed pursuant to subsection 9707(h) of this title may be suspended or revoked only if the principal has capacity.
(4) To the extent possible, the principal shall communicate any suspension or revocation to the agent or other interested individual.
(c)(1) A clinician, health care provider, health care facility, or residential care facility who becomes aware of an amendment, suspension, or revocation while treating an incapacitated principal shall make reasonable efforts to:
(A) confirm the amendment, suspension, or revocation;
(B) record the amendment, suspension, or revocation in the principal's medical record;
(C) flag the amendment, suspension, or revocation in the principal's medical record on the front of the medical folder or on the front of any advance directive filed in the medical record;
(D) notify the principal, agent, and guardian of the amendment, suspension, or revocation; and
(E) inform the registry of the amendment, suspension, or revocation.
(2) A clinician, health care provider, health care facility, or residential care facility who becomes aware of an amendment, suspension, or revocation while treating a principal with capacity shall comply with the following requirements:
(A) satisfy the requirements of subdivisions (1)(A), (B), and (C) of this subsection; and
(B) on request, assist the principal in notifying agents, guardians, interested individuals, and the registry.
(3) A health care provider, health care facility, or residential care facility not currently providing health or residential care to a principal who becomes aware of an amendment, suspension, or revocation shall ensure that the amendment, suspension, or revocation is recorded and flagged in the principal's medical record and is submitted to the registry.
(4) An agent or guardian who becomes aware of an amendment, suspension, or revocation shall make reasonable efforts to:
(A) confirm the amendment, suspension, or revocation;
(B) ensure that the amendment, suspension, or revocation is recorded in the principal's medical record; and
(C) provide notice of the amendment, suspension, or revocation to:
(i) the principal's clinician, health care provider, health care facility, or residential care facility;
(ii) any person designated in the advance directive to receive such notice;
(iii) any entity or individual known to hold a copy of the principal's advance directive; and
(iv) the registry, if the principal's advance directive has been submitted to the registry.
(d)(1) The filing of an action or motion for annulment, divorce, dissolution of a civil union, legal separation, or an order for relief from abuse under chapter 21 of Title 15 or subchapter 2 of chapter 69 of Title 33 by, on behalf of, or against the principal suspends a previous designation of the spouse or other party opposing the principal in the action as agent unless otherwise specified in the advance directive, decree, or order of the court.
(2) A designation of agent suspended under subdivision (1) of this subsection shall no longer be in effect, and the agent shall be reinstated, upon the withdrawal of the action or motion for annulment, divorce, dissolution of civil union, legal separation, or order for relief from abuse, or upon the expiration of a temporary order for relief from abuse.
(3) A designation of agent suspended under subdivision (1) of this subsection shall become permanent when the annulment, divorce, dissolution of civil union, or legal separation becomes final, or when the motion for relief from abuse is granted.
(e) Unless otherwise provided for in an advance directive, each provision of an advance directive is severable from the other provisions in an advance directive if it can be given effect independently. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 334.)