Making, amending, revoking and refusing to make gifts: By person.
1. Any person may:
(a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;
(b) Limit an anatomical gift to one or more of those purposes; or
(c) Refuse to make an anatomical gift.
2. Except as otherwise provided in this subsection and subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor:
(a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.
(b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.
3. Except as otherwise provided in subsection 4, if the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.
4. A symbol or other indication that a document of gift has been executed by or on behalf of a donor may be imprinted on the donor’s driver’s license or identification card if the document of gift complies with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.
5. A document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.
6. An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.
7. Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
8. Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
9. A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:
(a) A signed statement;
(b) An oral statement made in the presence of two persons;
(c) Any form of communication during a terminal illness or injury addressed to a physician; or
(d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.
10. The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.
11. An anatomical gift that is not revoked by the donor before death is irrevocable. The intent of a donor to make an anatomical gift, as evidenced by a document of gift, may not be revoked by any member of the classes of persons set forth in subsection 1 of NRS 451.557.
12. An anatomical gift that is not revoked by the donor before death does not require the consent or concurrence of any person after the donor’s death. A hospital, physician, coroner, local health officer, enucleator, technician or other person who:
(a) Is aware that a symbol or other indication that a document of gift has been executed by or on behalf of a donor is imprinted on the donor’s driver’s license or identification card; or
(b) Acts in accordance with the provisions of NRS 451.500 to 451.590, inclusive, or with any other laws of the State of Nevada relating to anatomical gifts,
Ê shall not request or require the consent or concurrence of any person after the donor’s death to carry out the anatomical gift.
13. A person may refuse to make an anatomical gift of his body or part by:
(a) A writing signed in the same manner as a document of gift;
(b) A statement imprinted on his driver’s license or identification card; or
(c) Any other writing used to identify him as refusing to make an anatomical gift.
Ê During a terminal illness or injury, the refusal may be an oral statement or other form of communication.
14. In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.
15. In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection 13.
Last modified: February 26, 2006