§ 71-4832 — Who may make anatomical gift of decedent's body or part

(a)
Subject to subsections (b) and (c) of this section and unless barred by section 71-4830 or 71-4831 , an anatomical gift of a decedent's body or part for purpose
of transplantation, therapy, research, or education may be made by any member
of the following classes of persons who is reasonably available, in the order
of priority listed:
(1) An agent
of the decedent at the time of death who could have made an anatomical gift
under subdivision (2) of section 71-4827 immediately before the decedent's
death;
(2) The spouse of the decedent;
(3) Adult children of the decedent;
(4) Parents
of the decedent;
(5) Adult siblings of the decedent;
(6) Adult grandchildren
of the decedent;
(7) Grandparents of the decedent;
(8) The persons who were
acting as the guardians of the person of the decedent at the time of death;
(9) An adult
who exhibited special care and concern for the decedent other than any medical
personnel caring for the decedent at the time of or immediately leading up
to the decedent's death; and
(10) Any other person having the authority
to dispose of the decedent's body.
(b) If there is more than one member of
a class listed in subdivision (a)(1), (3), (4), (5), (6), (7), or (8) of this
section entitled to make an anatomical gift, an anatomical gift may be made
by a member of the class unless that member or a person to which the gift
may pass under section 71-4834 knows of an objection by another member of
the class. If an objection is known, the gift may be made only by a majority
of the members of the class who are reasonably available.
(c) A person
may not make an anatomical gift if, at the time of the decedent's death, a
person in a prior class under subsection (a) of this section is reasonably
available to make or to object to the making of an anatomical gift.

Legislative History

Source: Laws 2010, LB1036, § 9.