Quote:
Originally posted by ThrashersFan
Not sure what weight the sticker carries, but I am sure someone here will enlighten us.
Just to be safe, I outlined my donation wishes in my living will and in my durable power of attorney for healthcare. My husband is well aware of my wishes (and will likely fear me in death as he does in life so he will follow them) as do my parents and sister. Finally, I carry a small card in my wallet stating my wishes so the EMTs will know too.
W/R/T to the iPod and water -- please let us know the answer just as soon as yours dries out.
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For various reasons, I've done a bit of research on this subject (real world research, not legal) -
The "back of the license" thing isn't that binding in and of itself, but then, in reality, nothing is when it comes right down to it if your family is in a dispute about it. What the back of the license sig really provides is a clear indication to your family what your wishes are. The Drs. can say "as you can tell, this is what Stiff wanted," which makes it a LOT easier for the family to then say "oh, of course, then." If your spouse objects, your guts ain't goin' anywhere, no matter what. If your spouse approves and your more distant family objects, the Drs. may or may not consider it worth it to take it to court, in which case the back of the drivers license is pretty persuasive evidence about Stiff's wishes.
If you put your donation wishes into your will it is irrelevant - it will almost certainly too late by the time it comes into force and is read.
If you put your donation wishes into your living will or durable medical power of attorney, it frankly has little more effect than signining the back of the license - if your spouse/decision maker objects, no hospital anywhere is going to take your organs, no matter what you've said. If there is a dispute among the decision maker and the rest of the family, again, it will basically have influence, probably a bit stronger than doing the license thing, but only because they can argue that, having gone to considerable effort and expense to clarify these wishes, you REALLY, REALLY meant it.
If you die somewhere where no family/decision makers are, and there is no opportunity to notify or ask them what to do with your guts when you die, there is a somewhat better chance that a Dr. would harvest your organs on his own authority based on a formal living will/DPOA than based on a drivers license. However, in that situation the Dr. is fairly likely to have your drivers license and very unlikely to have your living will.
However, keep in mind that, as the Stiff, your wishes aren't really relevant. You are dead (hopefully) when your organs are donated, therefore you have no interest in the matter. It is the wishes of your family/decision maker/executor that really matter. Despite superficial appearances, this is not a situation like treatment refusal, where the most important matter is the wishes of the patient.
The fact of the matter is that no Dr. is going to take your survivors to court to get your organs with only a piece of paper to back him up. If a family member with at least a decent claim to act for you isn't pushing for it, the ghoulish "organ snatching" PR is totally not worth the effort. The best way to ensure your organs will be donated, if feasible, is to have your primary next of kin very, very aware of your desire, and make them promise to respect it.
Frankly, I think the whole system should be switched to an "affirmative opt out" system.
BR(I have only taken cremated bodies on planes a couple of times; the family has gotten pretty scattered, so post-mortem travel is pretty usual)C
