71-4830 Refusal to make anatomical gift; effect of refusal. - Nebraska Statutes

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Statutes > Nebraska > Chapter71 > 71-4830

71-4830. Refusal to make anatomical gift;effect of refusal.(a) An individual may refuse to make an anatomical giftof the individual's body or part by:(1) A recordsigned by:(A) The individual; or(B) Subject to subsection (b) of this section,another individual acting at the direction of the individual if the individualis physically unable to sign;(2) The individual's will, whether or notthe will is admitted to probate or invalidated after the individual's death;or(3) Any form of communication made by the individual during theindividual's terminal illness or injury addressed to at least two adults,at least one of whom is a disinterested witness.(b) A record signed pursuantto subdivision (a)(1)(B) of this section must:(1) Be witnessed by atleast two adults, at least one of whom is a disinterested witness, who havesigned at the request of the individual; and(2) State that it hasbeen signed and witnessed as provided in subdivision (1) of this subsection.(c) An individualwho has made a refusal may amend or revoke the refusal:(1) In themanner provided in subsection (a) of this section for making a refusal;(2) By subsequentlymaking an anatomical gift pursuant to section 71-4828 that is inconsistentwith the refusal; or(3) By destroying or canceling the record evidencing the refusal,or the portion of the record used to make the refusal, with the intent torevoke the refusal.(d) Except as otherwise provided in subsection (h) of section 71-4831,in the absence of an express, contrary indication by the individual set forthin the refusal, an individual's unrevoked refusal to make an anatomical giftof the individual's body or part bars all other persons from making an anatomicalgift of the individual's body or part. SourceLaws 2010, LB1036, § 7.Operative Date: January 1, 2011

State Codes and Statutes

Statutes > Nebraska > Chapter71 > 71-4830

71-4830. Refusal to make anatomical gift;effect of refusal.(a) An individual may refuse to make an anatomical giftof the individual's body or part by:(1) A recordsigned by:(A) The individual; or(B) Subject to subsection (b) of this section,another individual acting at the direction of the individual if the individualis physically unable to sign;(2) The individual's will, whether or notthe will is admitted to probate or invalidated after the individual's death;or(3) Any form of communication made by the individual during theindividual's terminal illness or injury addressed to at least two adults,at least one of whom is a disinterested witness.(b) A record signed pursuantto subdivision (a)(1)(B) of this section must:(1) Be witnessed by atleast two adults, at least one of whom is a disinterested witness, who havesigned at the request of the individual; and(2) State that it hasbeen signed and witnessed as provided in subdivision (1) of this subsection.(c) An individualwho has made a refusal may amend or revoke the refusal:(1) In themanner provided in subsection (a) of this section for making a refusal;(2) By subsequentlymaking an anatomical gift pursuant to section 71-4828 that is inconsistentwith the refusal; or(3) By destroying or canceling the record evidencing the refusal,or the portion of the record used to make the refusal, with the intent torevoke the refusal.(d) Except as otherwise provided in subsection (h) of section 71-4831,in the absence of an express, contrary indication by the individual set forthin the refusal, an individual's unrevoked refusal to make an anatomical giftof the individual's body or part bars all other persons from making an anatomicalgift of the individual's body or part. SourceLaws 2010, LB1036, § 7.Operative Date: January 1, 2011

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State Codes and Statutes

Statutes > Nebraska > Chapter71 > 71-4830

71-4830. Refusal to make anatomical gift;effect of refusal.(a) An individual may refuse to make an anatomical giftof the individual's body or part by:(1) A recordsigned by:(A) The individual; or(B) Subject to subsection (b) of this section,another individual acting at the direction of the individual if the individualis physically unable to sign;(2) The individual's will, whether or notthe will is admitted to probate or invalidated after the individual's death;or(3) Any form of communication made by the individual during theindividual's terminal illness or injury addressed to at least two adults,at least one of whom is a disinterested witness.(b) A record signed pursuantto subdivision (a)(1)(B) of this section must:(1) Be witnessed by atleast two adults, at least one of whom is a disinterested witness, who havesigned at the request of the individual; and(2) State that it hasbeen signed and witnessed as provided in subdivision (1) of this subsection.(c) An individualwho has made a refusal may amend or revoke the refusal:(1) In themanner provided in subsection (a) of this section for making a refusal;(2) By subsequentlymaking an anatomical gift pursuant to section 71-4828 that is inconsistentwith the refusal; or(3) By destroying or canceling the record evidencing the refusal,or the portion of the record used to make the refusal, with the intent torevoke the refusal.(d) Except as otherwise provided in subsection (h) of section 71-4831,in the absence of an express, contrary indication by the individual set forthin the refusal, an individual's unrevoked refusal to make an anatomical giftof the individual's body or part bars all other persons from making an anatomicalgift of the individual's body or part. SourceLaws 2010, LB1036, § 7.Operative Date: January 1, 2011