[§327-9] Who may make an anatomical gift of decedent's body or body part.

329 words·~1 min read·/hi/chapter-327/327-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Subject to subsections

(b)and

(c)and unless barred by subsection (d), an anatomical gift of a decedent's body or body part for purposes of transplantation, therapy, research, or education may be made, in the order of priority listed, by any member of the following classes of persons who is reasonably available:

(1)An agent of the decedent at the time of death who could have made an anatomical gift under section 327-4(2) immediately before the decedent's death;

(2)The spouse or reciprocal beneficiary of the decedent;

(3)Adult children of the decedent;

(4)Parents of the decedent;

(5)Adult siblings of the decedent;

(6)Adult grandchildren of the decedent;

(7)Grandparents of the decedent;

(8)An adult who exhibited special care and concern for the decedent;

(9)The persons who were acting as the guardian of the person of the decedent at the time of death; and

(10)Any other person having the authority to dispose of the decedent's body.

(b)If there is more than one member of a class listed in subsection (a)(l), (3), (4), (5), (6), (7), or

(9)entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift can pass under section 327-11 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c)No person may make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection

(a)is reasonably available to make or to object to the making of an anatomical gift.

(d)An anatomical gift may not be made if doing so is barred by section 327-7 or 327-8. [L 2008, c 122, pt of §1]