Kentucky Statutes 311.1915 – Who may make anatomical gift before donor’s death
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Subject to KRS § 311.1923, 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 KRS § 311.1917 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 sixteen (16) years of age;
(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.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 161, sec. 3, effective July 15, 2010.
(1) The donor, if the donor is an adult or if the donor is a minor and is: (a) Emancipated; or
Terms Used In Kentucky Statutes 311.1915
- 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 a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Authorized under state law to apply for a driver’s license because the donor is at least sixteen (16) years of age;
(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.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 161, sec. 3, effective July 15, 2010.