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Senate File 2026

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 142C.3, subsection 8, Code 2001, is
  1  2 amended to read as follows:
  1  3    8.  A document of gift that is not revoked by the donor
  1  4 prior to the donor's death is irrevocable and does:
  1  5    a.  Is irrevocable.
  1  6    b.  Does not require the consent or concurrence of any
  1  7 other person after the donor's death and is sufficient legal
  1  8 authority without the consent or concurrence of any other
  1  9 person, following the donor's death, for the removal of any
  1 10 part donated under the document of gift.  For the purposes of
  1 11 this paragraph, "any other person" includes but is not limited
  1 12 to a family member, a guardian, an attorney in fact named
  1 13 under a durable power of attorney for health care, or an
  1 14 executor of the donor's estate.
  1 15    Sec. 2.  Section 142C.3, Code 2001, is amended by adding
  1 16 the following new subsection:
  1 17    NEW SUBSECTION.  8A.  A person, including but not limited
  1 18 to a family member, a guardian, an attorney in fact named
  1 19 under a durable power of attorney for health care, or an
  1 20 executor of the donor's estate, shall not revoke or in any way
  1 21 supersede a document of gift that is not revoked by the donor
  1 22 prior to the donor's death.  
  1 23                           EXPLANATION
  1 24    This bill provides that a document of gift that is not
  1 25 revoked by a donor prior to the donor's death, in addition to
  1 26 being irrevocable, does not require the consent or concurrence
  1 27 of any other person and is sufficient legal authority without
  1 28 the consent or concurrence of any other person, following the
  1 29 donor's death for the removal of any part donated under the
  1 30 document of gift.  For the purposes of the bill, "any other
  1 31 person" includes but is not limited to a family member, a
  1 32 guardian, an attorney in fact named under a durable power of
  1 33 attorney for health care, or an executor of the donor's
  1 34 estate.  The bill also provides that a person, including but
  1 35 not limited to a family member, a guardian, an attorney in
  2  1 fact named under a durable power of attorney for health care,
  2  2 or an executor of the donor's estate, shall not revoke or in
  2  3 any way supersede a document of gift that is not revoked by
  2  4 the donor prior to the donor's death.  
  2  5 LSB 5807SS 79
  2  6 pf/cls/14
     

Text: SF02025                           Text: SF02027
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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