2006 Nebraska Revised Statutes - § 71-4804 — Manner of executing anatomical gifts.

Section 71-4804
Manner of executing anatomical gifts.

(1) A gift of all or part of the body under subsection (1) of section 71-4802 may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

(2) A gift of all or part of the body under subsection (1) of section 71-4802 may also be made by document other than a will. The gift shall become effective as provided in such subsection. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his or her presence. If the donor cannot sign, the document may be signed for him or her at his or her direction and in his or her presence and in the presence of two witnesses who must sign the document in his or her presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.

(3) A gift of all or part of the body under subsection (1) of section 71-4802 may also be made by an indication on a motor vehicle operator's license or state identification card pursuant to sections 60-493 to 60-495. The gift shall become effective as provided in subsection (1) of section 71-4802.

(4) The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. Any physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting any part of the body except as provided in subsection (2) of section 71-4807.

(5) Notwithstanding subsection (2) of section 71-4807, the donor may designate in his or her will, card, or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose.

(6) Any gift by a person designated in subsection (2) of section 71-4802 shall be made by a document signed by him or her or made by his or her telegraphic, recorded telephonic, or other recorded message.

Source:

Laws 1971, LB 799, § 4

Laws 1976, LB 764, § 2

Laws 1977, LB 115, § 2

Laws 1989, LB 285, § 139

Laws 1992, LB 1178, § 8

~Reissue Revised Statutes of Nebraska