2006 Nebraska Revised Statutes - § 71-4802 — Persons who may execute anatomical gift; when.

Section 71-4802
Persons who may execute anatomical gift; when.

(1) Any individual of sound mind who is eighteen years of age or older may give all or any part of his or her body for any purposes specified in section 71-4803. The gift shall take effect upon death.

(2) Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent, or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedent's body for any purposes specified in section 71-4803:

(a) The spouse;

(b) An adult son or daughter;

(c) Either parent;

(d) An adult brother or sister;

(e) A guardian of the person of the decedent at the time of death; and

(f) Any other person authorized or under obligation to dispose of the body.

The persons authorized by this subsection may make the gift after death or immediately before death.

(3) If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift.

(4) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(5) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (4) of section 71-4807.

Source:

Laws 1971, LB 799, § 2

Laws 1976, LB 764, § 1

Laws 1977, LB 115, § 1

Laws 1992, LB 1178, § 7

Laws 2003, LB 138, § 1

~Reissue Revised Statutes of Nebraska