(9) Who may make an anatomical gift near or upon the donor's death. 157.06(9)(a)(a)
Except as provided in subs. (7)
and subject to pars. (b)
, any member of the following classes of persons, in the order of priority listed, who is reasonably available may, in the manner provided in sub. (10)
, make an anatomical gift of the body or part of an individual who is near death or has died:
A person who is the individual's agent near or at the time of the individual's death and has authority under sub. (4) (b)
to make an anatomical gift of the decedent's body or part.
Adults who exhibited special care and concern, except as a compensated health care provider, for the individual.
Persons who were guardians of the individual near or at the time of the individual's death.
Any other persons who have authority to dispose of the individual's body.
If the members of a class of persons under par. (a) 1.
, or 9.
have priority to make an anatomical gift of an individual's body or part under par. (a)
and the class consists of more than one member, any member of the class may make an anatomical gift unless that member or the person to whom the anatomical gift will pass under sub. (11)
has actual knowledge of an objection by another member of the class, in which case the anatomical gift may be made only by a majority of members of the class who are reasonably available.
A person may not make an anatomical gift of an individual's body or part under this subsection if a person who is a member of a class with higher priority under par. (a)
is reasonably available.