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Chapter 765 — Advance Directives & Anatomical Gifts

Florida Statute 765.516

“Donor amendment or revocation of anatomical gift”

What it means

A donor may amend the terms of or revoke an anatomical gift in any of these ways: (a) a signed statement, executed and delivered to the donee, witnessed by at least two adults, at least one of them disinterested; (b) an oral statement made in the presence of two persons, one not a family member, and communicated to the donor's family or attorney or to the donee; (c) a statement during a terminal illness or injury to the primary physician, who must communicate the revocation to the procurement organization; (d) a signed document found on or about the donor's person; (e) removing the donor's name from the donor registry; (f) a later-executed document of gift that amends or revokes the earlier one, expressly or by inconsistency; (g) destroying or canceling the document of gift, or the relevant part, with intent to revoke.

An oral statement is effective only if the procurement organization, transplant hospital, physician, or technician has actual notice of it before an incision is made on the decedent or an invasive procedure to prepare the recipient has begun.

A gift made by will may be amended or revoked in the manner provided for wills or as provided in paragraph (1)(a).

— What it says
  • Seven methods: signed witnessed statement, oral statement, statement to the primary physician, signed document on the donor's person, registry removal, later document, destruction or cancellation (§ 765.516(1)(a)-(g)).
  • A signed statement needs two adult witnesses, at least one disinterested, and delivery to the donee (§ 765.516(1)(a)).
  • An oral statement needs two persons, one not a family member, and is effective only with actual notice before an incision or recipient-preparation invasive procedure (§ 765.516(1)(b)).
  • A statement to the primary physician during terminal illness or injury must be communicated by the physician to the procurement organization (§ 765.516(1)(c)).
  • Removing the donor's name from the registry revokes the gift (§ 765.516(1)(e)).
  • A gift made by will may be changed the way wills are amended or revoked, or under paragraph (1)(a) (§ 765.516(2)).

Text of the statute (2026)

§ 765.516(1)(a)-(c)
(1) A donor may amend the terms of or revoke an anatomical gift by: (a) The execution and delivery to the donee of a signed statement witnessed by at least two adults, at least one of whom is a disinterested witness. (b) An oral statement that is made in the presence of two persons, one of whom is not a family member, and communicated to the donor’s family or attorney or to the donee. An oral statement is effective only if the procurement organization, transplant hospital, or physician or technician has actual notice of the oral amendment or revocation before an incision is made to the decedent’s body or an invasive procedure to prepare the recipient has begun. (c) A statement made during a terminal illness or injury addressed to the primary physician, who must communicate the revocation of the gift to the procurement organization.
§ 765.516(1)(d)-(g)
(d) A signed document found on or about the donor’s person. (e) Removing his or her name from the donor registry. (f) A later-executed document of gift which amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (g) By the destruction or cancellation of the document of gift or the destruction or cancellation of that portion of the document of gift used to make the gift with the intent to revoke the gift.
§ 765.516(2)
(2) Any anatomical gift made by a will may also be amended or revoked in the manner provided for the amendment or revocation of wills or as provided in paragraph (1)(a).

Excerpts are the subsections the summary relies on. Read the full official text of § 765.516.

History. s. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 83-171; s. 8, ch. 95-423; s. 977, ch. 97-102; s. 10, ch. 98-68; s. 66, ch. 2001-226; s. 3, ch. 2003-46; s. 6, ch. 2008-223; s. 8, ch. 2009-218; s. 19, ch. 2015-153.

— In a Florida probate

How it applies

Subsection (1) gives the donor several routes. Each has its own formality: witnesses for a signed statement, two persons for an oral statement, and delivery to the donee or physician for statements made to them.

Timing matters for the oral route, which is effective only with actual notice before an incision or an invasive procedure to prepare the recipient. A registry entry, a donor card, or a license designation can be undone by the routes listed here, and for a gift in a will, subsection (2) adds the will-revocation methods.

Where this shows up

Pages on this site where § 765.516 does real work:

Questions people ask

How do I stop being an organ donor in Florida?
Section 765.516(1) lists seven methods, including removing your name from the donor registry, signing a later document that revokes the gift, destroying the document of gift with intent to revoke, or making an oral statement before two people that reaches the procurement side before any incision.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 765.516

Published by the Probate.Help editorial team.How these pages are written and checked.

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