Subject to Section 41-39-115, 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 41-39-109 by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(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.
Emancipated; or
Authorized under state law to apply for a driver’s license because the donor is at least eighteen (18) years of age;