I would like to be an organ donor but am not familiar with the process. How can I ensure that my wishes are carried out?
The decision to make a posthumous organ donation may prove difficult for many, but the process of doing so is simple. In New York state, you can indicate your intention of being an organ donor on your driver’s license or at the Board of Elections. You can also register to be an Organ and Tissue Donor in your state’s registry. A third opportunity is in your estate planning documents, such as a health care proxy or your last will and testament. Lastly, as with most objectives relating to health care and estate planning, it can be beneficial to mention your intentions to your family members, so that they know that you would like to be an organ donor, even if they cannot find your documents.
When registering to be an organ donor, you can choose which organs you wish to donate, as well as which organs you wish to exclude.
Organ donors and their families are not subject to a fee for making a donation. There is also no age restriction on being a donor, and all individuals, regardless of age or medical history, are eligible.
Some people wish to leave their organs, tissues, or their bodies to an institution for the purpose of research or science. If you wish to donate your entire body, you should contact the medical organization of your choice directly and make arrangements. Total body donation is usually not an option if you choose to be an organ and tissue donor, although eye donations may still be accepted. Medical professionals rely on such posthumous donations for the purpose of researching diseases and developing new treatments, therapies, and cures for future generations.
There is no eligibility cutoff, although some individuals suffering from chronic or contagious diseases, drug abuse, or morbid obesity have been rejected. Interested individuals can register online or contact the desired institution directly.
You can also find out if a particular religion has a stated position on the subject of organ and tissue donation before making your decision.
It is important to note that donor registration should not impact the medical care you will receive. Many donors have indicated their intentions before they fall victim to an illness or accident. Medical professionals will make every effort to save the life of an individual, regardless of whether that individual’s organs or tissues could save another life. If the potential donor is still unresponsive after all options have been exhausted, he is tested for brain death, and is declared brain dead only if he is unable to breathe and is completely devoid of brain activity. Only after brain death has been confirmed will the potential donor’s organs be eligible for harvesting.
For more information, visit www.organdonor.gov/index.html and www.donatelifenc.org/content/frequently-asked-questions.
Alison Arden Besunder is the founding attorney of the Law Offices of Alison Arden Besunder P.C., where she assists new and not-so-new parents with their estate planning needs. Her firm assists clients in New York City, Nassau, and Suffolk Counties. You can find Besunder on Twitter @estatetrustplan and on her website at www.besunderlaw.com.
