(a) A declaration may be revoked at any time only by the declarant or at the express direction of the declarant, without regard to the declarant’s mental state by any of the following methods:
(1) By being obliterated, burnt, torn, or otherwise destroyed or defaced by the declarant or by some person in the declarant’s presence and at his or her direction;
(2) By a written revocation of the declaration signed and dated by the declarant or person acting at the direction of the declarant. Such revocation shall become effective only upon communication of the revocation to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patient’s medical record the time and date when he or she receives notification of the written revocation; or
(3) By a verbal expression of the intent to revoke the declaration, in the presence of a witness 18 years or older who signs and dates a writing confirming that such expression of intent was made. Any verbal revocation shall become effective only upon communication of the revocation to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record, in the patient’s medical record, the time, date, and place of when he or she receives notification of the revocation.
(b) There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless that person has actual knowledge of the revocation.
(Feb. 25, 1982, D.C. Law 4-69, § 5, 28 DCR 5047.)
Prior Codifications1981 Ed., § 6-2424.