Subject to N.C. Gen. Stat. § 130A-412.10, an anatomical gift of a donor‘s body or body part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in N.C. Gen. Stat. § 130A-412.7 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 drivers license because the donor is at least 16 years of age;

(2)        An agent of the donor to the extent authorized under a power of attorney for health care or other record;

(3)        A parent of the donor, if the donor is an unemancipated minor; or

(4)        The donor’s guardian. (2007-538, s. 1.)

Terms Used In North Carolina General Statutes 130A-412.6

  • 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
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
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