Persons authorized to make anatomical gift before donor's death

Subject to Section 6 of this act, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 5 of this act by: 1. The donor, if the donor is an adult or if the donor is a minor and is: a. emancipated, or b. authorized under state law to apply for a driver license because the donor is at least sixteen (16) years of age; 2. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift; 3. A parent of the donor, if the donor is an unemancipated minor; or 4. The donor’s guardian. Added by Laws 2009, c. 139, § 4, eff. Nov. 1, 2009.