§ 71-4830 — Refusal to make anatomical gift; effect of refusal

(a) An individual may refuse to make an anatomical gift
of the individual's body or part by:
(1) A record
signed by:
(A) The individual; or
(B) Subject to subsection (b) of this section,
another individual acting at the direction of the individual if the individual
is physically unable to sign;
(2) The individual's will, whether or not
the will is admitted to probate or invalidated after the individual's death;
or
(3) Any form of communication made by the individual during the
individual's terminal illness or injury addressed to at least two adults,
at least one of whom is a disinterested witness.
(b) A record signed pursuant
to subdivision (a)(1)(B) of this section 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 individual; and
(2) State that it has
been signed and witnessed as provided in subdivision (1) of this subsection.
(c) An individual
who has made a refusal may amend or revoke the refusal:
(1) In the
manner provided in subsection (a) of this section for making a refusal;
(2) By subsequently
making an anatomical gift pursuant to section 71-4828 that is inconsistent
with the refusal; or
(3) By destroying or canceling the record evidencing the refusal,
or the portion of the record used to make the refusal, with the intent to
revoke the refusal.
(d) Except as otherwise provided in subsection (h) of section 71-4831 ,
in the absence of an express, contrary indication by the individual set forth
in the refusal, an individual's unrevoked refusal to make an anatomical gift
of the individual's body or part bars all other persons from making an anatomical
gift of the individual's body or part.

Legislative History

Source: Laws 2010, LB1036, § 7.