Subject to section 39-3408, Idaho Code, 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 39-3405, Idaho Code, by:
(1)  The donor, if the donor is an adult or if the donor is a minor and is:
(a)  Emancipated; or
(b)  At least fifteen (15) years of age, provided however, that if the donor is fifteen (15) years of age or older and less than eighteen (18) years of age, a parent or an adult guardian must consent in writing in the presence of the donor.

Terms Used In Idaho Code 39-3404

  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(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.