ESTATE PLANNING PROBATE NEWSLETTER
When planning your estate, you must make important decisions regarding the distribution of your material possessions. An important but frequently forgotten consideration is whether you wish to gift your organs or tissue in the event of your death.
All 50 states have now adopted the Uniform Anatomical Gift Act (AGA) in some form. These acts generally provide that a donor card (typically attached to the back of the donor's driver's license) is a valid legal instrument allowing physicians to remove organs after death where:
- The donor is over the age of 18.
- The donor card is signed by the donor.
- The donor's signature is witnessed by two other adults.
Unfortunately, donor cards have not greatly increased the number of organs available for transplant. Many people do not sign the cards. Many hospitals are reluctant to rely solely upon the donor cards as authorization to remove organs for transplant, largely due to legislation requiring them to obtain the consent of the next of kin under a "required request" policy.
If you wish to donate your organs or tissue after death, here are a few important considerations:
Notify your relatives of your desire to donate.
Fill out and sign an organ donor card.
Execute a Living Will, Durable Power of Attorney for Health Care or an Advance Care Medical Directive indicating specific instructions for the disposition of your body after death, including donating your organs and/or tissue. Consult with your estate planning attorney as to which document is valid in your state.
Organ and tissue donation is an often overlooked issue in estate planning, but it can make a tremendous difference in the life of someone who is awaiting an organ transplant.