Don’t think for a minute that your survivors are going to automatically know your wishes about organ donation! You might think that because you’ve got it checked on your driver’s license, or because you’re carrying a donor card in your wallet, that after your death someone, somewhere, will have a new and better life because of your kidney or retina or liver. Most of the time, the deceased’s wallet or purse isn’t opened and gone through until after death, and then it’s too late.
If you want to donate your organs after your death, you’ve got to tell someone BEFORE you die. How will your survivors know your wishes if you don’t tell them? After you TELL them, be sure you put it in writing; this is more insurance that your wishes will be considered. Hospitals are required to consult the next of kin before removing organs, and if your family knows you wanted to be a donor, it makes it easier for them to give their consent. Unfortunately, even if you’ve got it in writing, and your family knows your wishes, your survivors can override those wishes and refuse to allow the donation after your death. All the more reason to have an executor who will do your bidding even after you are dead!
A signed donor card or driver’s license provides proof to your family that you wanted to be a donor, but these alone are not legally binding. Even if you have signed a donor registry, that will not guarantee anything. A registry isn’t legally binding, either.
The best way to ensure that your wishes are carried out is to tell your family that you want to be a donor, to put it in writing, both in your will AND separately, and to appoint an executor who will carry out your wishes..
If you are fairly certain that your family will not allow the hospital to harvest your organs, you can assign durable power of attorney to someone who you know will abide by your wishes. A lawyer can help you prepare this document. Be sure it’s someone who will definitely abide by your decisions and your wishes, and be sure you put the documentation where this person can get it BEFORE you are dead.
I suggest that you file it all right here at YouDeparted.

This entry was posted
on Wednesday, June 6th, 2007 at 12:05 am
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