Legal organ donation questions?
Why can I not donate my organs upon my death? I have my card, my D.L., and a statement in my med. records stating my desire to be a donor. Problem is I found out that I do NOT have the right to donate them. It is up to my NEXT OF KIN to actually decide if my organs will be donated, and they are NOT required to follow my wishes..Why is this the case? I have called attorneys and received this same information. I live in Mississippi. What can I do as my family is against organ donation and I want to be a donor???
It wouldn’t do any good to have it in a will as donation has to be done as soon as possible following death.
I’m 42, and DMV does NOT make any type contract. All they can do is state my wishes on my D.L….already done that.
I have all possible forms filled out and in place. The problem is that they are NOT ENFORCEABLE. It is still up to my next of kin to consent, and they had stated that they will NOT as they do not agree with organ donation.
Whether you call it “first person
consent” or “donor designation,” it means
the same thing—the donor’s decision is
paramount and should be respected at all
costs.
Write to the organ recovery agency in your state and ask them to push your representatives to create a ‘first-person consent registry’ like we have here in California.
Our DMV adopted the registry, so now when people check ‘yes’ to be a donor, their name goes on the registry, which is considered a legal document and nurses can look up names once someone has been declared brain dead to see if they are registered. If they are registered, their families are informed of the deaceased’s wishes to be donor – no consent is required.
Are you over 18? Most DMV’s ask if you wish to be an organ donor. If you are considered an adult, your wishes will be met. Being an organ donor is basically a legal contract so the age must be 18 or over.
References :
make sure that your family knows that this is what you want. And make it known to your doctor and ask him if there is anything that he can give you to fill out I know that there is a form but the exact name of it is eluding me right now. I want to say living will or something similar it is something you fill out now and is followed upon your death and think it is kept in your chart but double check with dr they asked me if I had one when I was having my children so that if anything happened to me during that time that my wishes would be carried out. So check with the dr for the name of that form.
References :
would they be getting a substantial amount from a will? You could put a clause in the will stating that they will have access to nothing unless they follow through on your wishes for organ donation. Thats the only thing I can think of. I don’t know if theres any other legal paperwork that can be filled out.
References :
Whether you call it “first person
consent” or “donor designation,” it means
the same thing—the donor’s decision is
paramount and should be respected at all
costs.
Write to the organ recovery agency in your state and ask them to push your representatives to create a ‘first-person consent registry’ like we have here in California.
Our DMV adopted the registry, so now when people check ‘yes’ to be a donor, their name goes on the registry, which is considered a legal document and nurses can look up names once someone has been declared brain dead to see if they are registered. If they are registered, their families are informed of the deaceased’s wishes to be donor – no consent is required.
References :
http://www.unos.org/SharedContentDocuments/registires_combined.pdf
Donor Designation (First Person Consent) Status by State
http://www.unos.org/inTheNews/factsheets.asp?fs=6