SECTION 4. Who may make anatomical gift before donor's death  


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  • Subject to section 8, 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 by:

    (1) the donor, if the donor is an adult or if the donor is a minor and is:

    (i) emancipated; or

    (ii) authorized under state law to apply for a driver's license or identification card;

    (2) an agent of the donor including, but not limited to, a health care agent appointed under a health care proxy pursuant to chapter 201D, 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.