ABA Family Legal Guide

Health-Care Law

Specific Issues in Health Care

Organ Donation

How can I be sure that my organs will, or will not, be donated?

It is not a good idea to include your wishes regarding organ donation in your will. Doctors will need to remove your organs or tissue under very specific and delicate timelines and procedures. By the time your will is read, the opportunity to donate your organs will have passed. Instead, include your wishes regarding donation of organs in your advance directive on health care and tell your family what you want them to do in that situation.

In most states, your doctor requires your family's consent, regardless of your wishes or whether you filled out an organ donor card. Even if you include your donation in your will and advance directive, it is customary for doctors to ask your family to agree to the donation. In some states, hospitals are required by law to abide by the deceased person's wishes regardless of the family's consent. In practice, though, hospitals and doctors are reluctant to go against the wishes of the family members in order to avoid malpractice lawsuits.

It is not a good idea to include your wishes regarding organ donation in your will. Doctors will need to remove your organs or tissue under very specific and delicate timelines and procedures. By the time your will is read, the opportunity to donate your organs will have passed. Instead, include your wishes regarding donation of organs in your advance directive on health care and tell your family what you want them to do in that situation.

In most states, your doctor requires your family's consent, regardless of your wishes or whether you filled out an organ donor card. Even if you include your donation in your will and advance directive, it is customary for doctors to ask your family to agree to the donation. In some states, hospitals are required by law to abide by the deceased person's wishes regardless of the family's consent. In practice, though, hospitals and doctors are reluctant to go against the wishes of the family members in order to avoid malpractice lawsuits.