Terms Used In Texas Health and Safety Code 692A.004

  • 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
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

Subject to Section 692A.008, 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 692A.005 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’s license because the donor is at least 16 years of age and:
(i) circumstances allow the donation to be actualized prior to 18 years of age; and
(ii) an organ procurement organization obtains signed written consent from the minor’s parent, guardian, or custodian as in Subdivision (3);
(2) an agent of the donor, unless the medical power of attorney 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.

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