Most of our clients have Living Wills establishing instructions that mechanical life support should not be used if they have a terminal condition. However, many clients also have a desire to donate organs upon death.
There are distinctions to understand regarding these complex issues.
Recently, a client told us about a relative who received a kidney transplant. Hospital staff told her that a Living Will prohibiting the use of life-prolonging machines can sometimes trump a person’s wish to become an organ donor.
That’s not necessarily true – but it’s not entirely false, either.
People die of organ failure every day and there is a shortage of donors. Last year, 27,958 people in the United States received organ transplants from 14,199 donors, according to the Organ Procurement and Transportation Network. As of March 19, more than 101,283 people remained on recipient candidate lists.
In most states, a patient’s family is consulted and will be asked for final consent, even if the patient signed a donor card, had indicated a desire to donate on a driver’s license or was listed with a donor registry.
Only a small percentage of patients will meet the criteria to become donors. The typical donor suffered a brain injury due to an accident or a medical condition that deprived the brain of oxygen, such as a stroke. Life-saving efforts have failed and the patient has become clinically brain dead, but the body’s organs are still functioning.
It is at this point a narrow window for organ donation opens and when a conflict can potentially arise between a patient’s Living Will instructions and his or her desire to donate organs.
Once the body dies, the organs are no longer viable for transplants. There are other forms of tissue, such as bone, cornea, and heart valves that can be removed up to 24 hours after the person dies.
It’s not difficult to avoid a conflict between your wish to not be placed on mechanical life support and your desire to donate organs. It involves some simple planning and a conversation with your loved ones.
We recommend you do more than sign documents with an attorney. Living Wills, advanced medical directives and organ donation are things you should talk about with your family. Make your wishes known in advance and put it in writing.
For more information about organ donation, visit OrganDonor.gov and LifeLinkFound.org.
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