Who may execute or consent to an anatomical gift for himself?

• A. Any individual who is insane
• B. A person under 18 years of age
• C. A professional licensed by the state
• D. Any individual of sound mind over the age of 18 years

Answer: (D)

In New York, an anatomical gift given by the donor themselves must be made by someone who has legal capacity—that means being of sound mind and at least 18 years old. This ensures the person fully understands what they are consenting to and that the decision is voluntary and informed. Someone who is insane lacks the capacity to make a valid gift, and a person under 18 cannot execute a gift for themselves (though a parent or guardian may consent for a minor in other circumstances). A licensed professional can help with the process, but they cannot substitute for the donor’s own consent. Therefore, the person who may execute or consent to an anatomical gift for himself is an individual of sound mind over the age of 18.