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Can My Family Override My Request to Be an Organ Donor?
Generally, families cannot override consent for organ donation. If an individual specified their desire to donate organs or tissue in an advance directive for healthcare or a legally executed will […]
Generally, families cannot override consent for organ donation. If an individual specified their desire to donate organs or tissue in an advance directive for healthcare or a legally executed will or was registered as a donor with the state, they are said to have granted “first-person consent” for donation after death. In every state in the U.S, the next of kin and/or authorized healthcare agent are barred from revoking first-person consent unless they have proof that the person revoked consent themselves. The only exception to this rule is if the potential donor was an unemancipated minor (for example, a 16-year-old child who signed up on the donor registry upon obtaining a driver’s license.) In that case, one or both parents may revoke consent.
With that being said, if you want to be an organ and/or tissue donor, tell your family, your healthcare agent and your friends. This is the best way to avoid conflict and confusion at an already difficult time. It will also allow you to explain why donating is important to you and discuss any questions your family may have. The process goes much more smoothly and will be less traumatic for everyone involved if your family knows your wishes in advance.
Sources
“First Person Consent”. United Network for Organ Sharing. https://unos.org/wp-content/uploads/unos/registires_combined.pdf
“Frequently Asked Questions About Organ Donation for Older Adults”. National Institute on Aging. https://www.nia.nih.gov/health/organ-donation/frequently-asked-questions-about-organ-donation-older-adults#
