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State Codes and Statutes

State Codes and Statutes

Statutes > New-hampshire > TITLEXXVI > CHAPTER291-A > 291-A-4

&nbsp&nbsp&nbspI. 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:
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(a) The spouse of the decedent.
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(b) An adult son or daughter of the decedent.
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(c) A parent of the decedent.
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(d) An adult brother or sister of the decedent.
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(e) A grandparent of the decedent.
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(f) A guardian of the person of the decedent at the time of death.
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(g) A designated agent under the durable power of attorney for health care, pursuant to RSA 137-J.
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(h) Other persons authorized or under obligation to dispose of the body.
&nbsp&nbsp&nbspII. An anatomical gift shall not be made by a person listed in paragraph I if:
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(a) A person in a prior class is available at the time of death to make an anatomical gift;
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(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.
&nbsp&nbsp&nbspIII. An anatomical gift by a person authorized under paragraph I shall be made by:
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(a) A document of gift signed by the person; or
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(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.
&nbsp&nbsp&nbspIV. 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.
&nbsp&nbsp&nbspV. 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.