Section 291-A:4 Making, Revoking, and Objecting to Anatomical Gifts, by Others. - New Hampshire Statutes

   I. Any member of the following classes of persons, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for an authorized purpose, unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:
      (a) The spouse of the decedent.
      (b) An adult son or daughter of the decedent.
      (c) A parent of the decedent.
      (d) An adult brother or sister of the decedent.
      (e) A grandparent of the decedent.
      (f) A guardian of the person of the decedent at the time of death.
      (g) A designated agent under the durable power of attorney for health care, pursuant to RSA 137-J.
      (h) Other persons authorized or under obligation to dispose of the body.
   II. An anatomical gift shall not be made by a person listed in paragraph I if:
      (a) A person in a prior class is available at the time of death to make an anatomical gift;
      (b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or
      (c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the person's class or a prior class.
   III. An anatomical gift by a person authorized under paragraph I shall be made by:
      (a) A document of gift signed by the person; or
      (b) The person's telegraphic, recorded telephonic, or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing and signed by the recipient.
   IV. An anatomical gift by a person authorized under paragraph I shall be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon, or their designee, or eye procurement technician removing the part knows of the revocation.
   V. A failure to make an anatomical gift under paragraph I is not an objection to the making of an anatomical gift.

Source. 1997, 336:1, eff. Jan. 1, 1998.