Code of the District of Columbia

§ 7–624. Declaration — Revocation.

*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

*NOTE: This section includes amendments by emergency legislation that will expire on October 22, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(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 or, from March 11, 2020, until November 5, 2021, electronic 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.