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NEBRASKA STATUTES AND CODES

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

71-4832. Who may make anatomical gift of decedent'sbody 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 purposeof transplantation, therapy, research, or education may be made by any memberof the following classes of persons who is reasonably available, in the orderof priority listed:(1) An agentof the decedent at the time of death who could have made an anatomical giftunder subdivision (2) of section 71-4827 immediately before the decedent'sdeath;(2) The spouse of the decedent;(3) Adult children of the decedent;(4) Parentsof the decedent;(5) Adult siblings of the decedent;(6) Adult grandchildrenof the decedent;(7) Grandparents of the decedent;(8) The persons who wereacting as the guardians of the person of the decedent at the time of death;(9) An adultwho exhibited special care and concern for the decedent other than any medicalpersonnel caring for the decedent at the time of or immediately leading upto the decedent's death; and(10) Any other person having the authorityto dispose of the decedent's body.(b) If there is more than one member ofa class listed in subdivision (a)(1), (3), (4), (5), (6), (7), or (8) of thissection entitled to make an anatomical gift, an anatomical gift may be madeby a member of the class unless that member or a person to which the giftmay pass under section 71-4834 knows of an objection by another member ofthe class. If an objection is known, the gift may be made only by a majorityof the members of the class who are reasonably available.(c) A personmay not make an anatomical gift if, at the time of the decedent's death, aperson in a prior class under subsection (a) of this section is reasonablyavailable to make or to object to the making of an anatomical gift. SourceLaws 2010, LB1036, ยง 9.Operative Date: January 1, 2011

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