26B-8-303.  Who may make anatomical gift before donor‘s death.
     Subject to Section 26B-8-307, 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 26B-8-304 by:

(1)

the donor, if the donor is an adult or if the donor is a minor and is: Terms Used In Utah Code 26B-8-303 Adult: means an individual who is at least 18 years old. See Utah Code 26B-8-301 Agent: means an individual: (a)  authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or (b)  expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 26B-8-301 Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 26B-8-301 Donor: The person who makes a gift. Donor: means an individual whose body or part is the subject of an anatomical gift. See Utah Code 26B-8-301 Driver license: means a license or permit issued by the Driver License Division of the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to the license or permit. See Utah Code 26B-8-301 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Minor: means an individual who is under 18 years of age. See Utah Code 26B-8-301 Parent: means a parent whose parental rights have not been terminated. See Utah Code 26B-8-301 Part: means an organ, an eye, or tissue of a human being. See Utah Code 26B-8-301 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 Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 26B-8-301 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-8-301 (a)  emancipated; or (b)  authorized under state law to apply for a driver license because the donor is at least 15 years old;

(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.

Renumbered and Amended by Chapter 306, 2023 General Session