Is an electronic signature valid?

Yes, electronic signatures can be valid under the federal ESIGN Act (15 U.S.C. ch. 96) and Montana's UETA adoption provided the signature demonstrates intent, consent to electronic transactions, signer attribution, and the record is retained.

Who may lawfully revoke?

The original donor can revoke at any time while competent. An authorized agent may revoke under a valid power of attorney only if the power expressly permits revoking gifts; otherwise legal counsel should be consulted.

What if the donor is incapacitated?

If the donor lacks capacity, revocation may be restricted. Healthcare proxies or guardians must follow their appointment authority; courts may need to resolve disputes when authority is unclear.

Where should copies be sent?

Provide copies to the donor's primary care facility, the relevant organ procurement organization, any registry that recorded the gift, and close family to ensure the revocation is followed.

Are witnesses or notarization required?

Witness or notary requirements vary by state and circumstance. While Montana does not universally require notarization for revocations, adding a notary or witness can reduce evidentiary challenges.

Can a revocation be partial?

Yes, a donor may revoke specific organs or tissues while preserving others; the revocation must clearly describe which parts are revoked to avoid ambiguity.

Electronic Signature
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Montana Revocation of Anatomical Gift Act

Montana Revocation of Anatomical Gift Act

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REVOCATION OF ANATOMICAL GIFT

I, Declarant, having made an anatomical gift by virtue of

that document of gift dated the day of , 20 do hereby revoke

such gift pursuant to Montana Code Annotated 72-17-201 et seq., which provides that an anatomical gift may be revoked at any time by:

(a) a record signed by:

(i) the donor or the other person; or

(ii) subject to subsection (8), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign;

(b) any form of communication during a terminal illness or injury addressed to at least two adults, one of whom is a disinterested witness;

(c) the delivery of a signed statement to a specified donee to whom a document of gift had been delivered;

(d) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency; or

(e) destroying or canceling the document of gift or portion of the document of gift used to make the anatomical gift with the intent to revoke the anatomical gift.

(8) A record signed pursuant to subsection (7)(a)(ii) must:

(a) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(b) state that it has been signed and witnessed as provided in subsection (8)(a).

This is my written revocation of my anatomical gift and is provided to all persons to whom I have provided a copy of my document of anatomical gift.

DATED this the day of , 20

Signature of Declarant:

Printed Name of Declarant:

Address of Declarant:

If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in paragraph (1).

WITNESS FORM

The witnesses below declare that they are signing at the direction of the declarant after having witnessed the signature of the declarant, have no interest in the estate of the declarant under the laws of intestate succession or any will or the declarant or codicil thereto, and are not financially responsible for the declarant's care.

Witness Signature:

Witness Name:

Address:

Witness Signature:

Witness Name:

Address:

What the Montana Revocation of Anatomical Gift Act form is and when it applies

The Montana Revocation of Anatomical Gift Act form is a written declaration used to cancel a prior anatomical gift or donor designation under Montana law. It records a donor's clear, contemporaneous intent to revoke consent for donation of organs, tissues, or body parts and identifies the original gift being revoked. The completed form should include the donor's identifying details, a revocation statement, the effective date, and the donor's signature; when properly executed it notifies healthcare providers and organ procurement organizations that a prior anatomical gift is no longer authorized. Electronic completion and e-signature are legally recognized when ESIGN and state UETA requirements are met, and compliant eSignature platforms can capture an auditable record.

Why completing this revocation matters

A properly executed revocation clarifies donor intent, prevents medical confusion, and reduces the risk of disputes during critical care. It creates a documented record that hospitals and organ procurement organizations can rely on while honoring the donor’s current wishes.

Who typically completes the revocation form

The form is used by individuals who previously made an anatomical gift and now wish to withdraw that consent; it is also used by authorized agents.

Donors who previously consented and now withdraw their anatomical gift
Authorized agents or attorneys acting under a valid power of attorney
Hospitals, organ procurement organizations, and medical examiners receiving notice

Healthcare organizations, organ procurement agencies, and legal counsel may request or receive copies to update records and ensure the revoked designation is honored.

Step-by-step: fill and finalize the revocation

Follow these sequential steps to complete a legally effective revocation form and notify relevant parties.

01

Locate form: Obtain the Montana revocation form from a health agency or legal office.
02

Complete details: Enter donor name, DOB, prior gift reference, and effective date.
03

Sign and date: Sign with wet or compliant electronic signature and date the form.
04

Distribute copies: Provide copies to hospital, organ procurement organization, and family.

Common questions and answers about revoking an anatomical gift

Practical answers to typical uncertainties about who can revoke, whether electronic signatures are valid, and what to do after signing.

Need help? Contact support

Is an electronic signature valid?
Yes, electronic signatures can be valid under the federal ESIGN Act (15 U.S.C. ch. 96) and Montana's UETA adoption provided the signature demonstrates intent, consent to electronic transactions, signer attribution, and the record is retained.
Who may lawfully revoke?
The original donor can revoke at any time while competent. An authorized agent may revoke under a valid power of attorney only if the power expressly permits revoking gifts; otherwise legal counsel should be consulted.
What if the donor is incapacitated?
If the donor lacks capacity, revocation may be restricted. Healthcare proxies or guardians must follow their appointment authority; courts may need to resolve disputes when authority is unclear.
Where should copies be sent?
Provide copies to the donor's primary care facility, the relevant organ procurement organization, any registry that recorded the gift, and close family to ensure the revocation is followed.
Are witnesses or notarization required?
Witness or notary requirements vary by state and circumstance. While Montana does not universally require notarization for revocations, adding a notary or witness can reduce evidentiary challenges.
Can a revocation be partial?
Yes, a donor may revoke specific organs or tissues while preserving others; the revocation must clearly describe which parts are revoked to avoid ambiguity.

Security and compliance considerations for electronic revocation forms

Encryption in transit: TLS 1.2/1.3

Encryption at rest: AES-256 encryption

Audit trail: Timestamped signing events

HIPAA readiness: BAA required for PHI

ESIGN / UETA: Legal e-signature frameworks

Access controls: SSO and role-based access

Risks and legal consequences of improper revocation

Invalid revocation: May not be honored by providers

Medical confusion: Leads to conflicts at time of care

Family disputes: Potential litigation or probate issues

Regulatory exposure: Incorrect handling of PHI risks HIPAA violations

Civil liability: Wrongful organ removal claims

Record mismatch: Inconsistent registries cause enforcement gaps

Common mistakes to avoid when preparing a revocation

Failing to provide a copy to the organ procurement organization or hospital can result in the revocation not being applied when needed.
Using incomplete donor identifiers (omitting DOB or previous registry ID) increases the chance the revocation will not match existing records.
Relying on an unsigned or undated form, or failing to preserve the audit trail for an e-signed record, weakens enforceability in disputes.
Assuming a third party updated all registries — you must confirm each registry and healthcare provider has received and recorded the revocation.

Essential elements included in a professional revocation form

A complete revocation form combines identifying details, a clear statement of revocation, and authentication elements so medical and legal parties can apply the change reliably.

Clear revocation statement

An explicit sentence rescinding the prior anatomical gift, naming the original gift where possible, and stating which organs or tissues are revoked to avoid ambiguity and enable clinical staff to act accordingly.

Donor identification

Full legal name, date of birth, and any prior registry or driver’s license numbers are included to ensure accurate matching against existing donor records at hospitals and registries.

Effective date

A clearly stated MM/DD/YYYY effective date determines when the revocation takes effect for clinical and legal purposes and can be used to resolve timing disputes.

Signature and authentication

Signature block for the donor or authorized signer, plus any witness or notary acknowledgment if added to strengthen evidentiary weight in clinical or probate settings.

Prior gift reference

A field describing where and when the original anatomical gift was made (for example, driver’s license or registry entry) helps administrators locate and update the initial record.

Distribution instructions

Clear directions listing hospitals, organ procurement organizations, and family members to receive copies, ensuring the revocation propagates to all relevant parties without delay.

How the revocation process typically proceeds

A straightforward workflow helps ensure the revocation is recorded and shared with the right organizations immediately.

Prepare form: Complete required fields and identify prior gift
Authenticate signer: Obtain wet signature or compliant e-signature
Notarize/witness: Add notarization or witness if available
Notify parties: Send copies to hospital, OPO, and family

Configuring an online workflow for revocation forms

When completing the form online, configure authentication, fields, and notifications to meet legal and operational needs.

Field	Configuration
Authentication	Email link or SMS code; higher assurance when KBA or MFA used
Required fields	Full name, DOB, prior gift reference, effective date, signature
File format	PDF/A or PDF with embedded signing metadata for retention
Notifications	Auto-send signed copies to specified recipients

Digital delivery and platform requirements

Use platforms that support secure storage, audit trails, and exportable signed records to preserve evidentiary integrity.

Integrations: Salesforce, Google Workspace, Microsoft 365
File formats: PDF, DOCX, HTML
Accessibility & compliance: WCAG Level AA and HIPAA-capable

Timing and processing expectations

There is no universal statutory deadline to file a revocation, but prompt notice reduces the risk of the original gift being honored in error.

Statutory deadline:

No universal statutory filing deadline for revocation

Effective date:

Revocation takes effect on the stated date once properly executed

Notify promptly:

Send notices immediately to relevant hospitals and registries

RON records retention:

Audio-video session records often retained 5–10 years

Keep copies:

Retain signed copies for administrative and legal purposes

Key milestones after you execute the revocation

A sequence of milestones ensures the revocation is recorded and communicated to prevent administrative or clinical errors.

01

Execute and date

Donor signs and dates the revocation form

02

Notarization or witness

Add notarization or witness to increase evidentiary weight

03

Notify registries

Send copies to registries and organ procurement organizations

04

Confirm receipt

Obtain acknowledgments and retain confirmation records

Pricing and feature comparison for popular eSignature vendors

Vendor pricing and feature availability vary by plan; the table below shows typical starting prices and common feature availability across five vendors with signNow listed first.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Real-world scenarios illustrating revocation use

These examples show typical situations where a revocation form resolves a change in donor intent and how it was processed.

Case Study 1

A donor completed a revocation after a change in medical condition

The hospital required an auditable copy
Prompt notification to the organ procurement organization prevented reliance on the prior designation and the revocation was recorded in patient records.

Case Study 2

An authorized agent submitted a revocation on behalf of a competent donor

The signatures and identity verification were documented
Clear prior gift references and prompt registry updates avoided confusion during end-of-life care and reduced family dispute risk.

Practical tips for efficient and defensible revocation handling

Adopt clear procedures and retention practices to ensure revocations are applied consistently by medical and administrative teams.

Confirm identity

Verify donor identity with government ID or multi-factor authentication to ensure the revocation applies to the correct person.

Keep audit evidence

Preserve the signed record, audit trail, and any delivery receipts to prove authenticity and notice to third parties.

Notify all stakeholders

Send signed copies to hospitals, registries, organ procurement organizations, and close family to propagate the revocation promptly.

Use clear language

Describe exactly which organs or tissues are revoked and reference the original gift to avoid interpretive disputes.

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