Your Estate Plan and Organ Donation: A Critical Check-Up

Dear Friends,

Even with a comprehensive estate plan, external factors can affect how your documents function in real life. One area that often causes confusion is how organ donation interacts with health care planning.

When you planned with us, you executed a Health Care Proxy, appointing a trusted person (your Health Care Agent) to make medical decisions if you cannot communicate them yourself. However, your Agent’s authority has an important limit: they cannot override a decision you have already made.

Are You an Organ Donor on Your License?

When renewing your driver’s license at the Registry of Motor Vehicles (RMV), you are asked if you wish to become an organ donor. A small red heart on your ID card indicates your consent. What you might not realize is that this selection is a binding legal decision.

If you are an organ donor on your license, you have already consented to organ donation. Your Health Care Agent cannot reverse it, even if language in your Health Care Proxy says otherwise. The designation on your license takes precedence.

Who Gets to Decide?

For many, this pre-consent on their license aligns perfectly with their wishes. Others may prefer to leave this deeply personal decision to loved ones, guided by their understanding of your values and beliefs.

If you want your loved ones (Health Care Agent) to decide, you cannot be listed as an organ donor on your license or through the state registry. If you previously opted in, you’ll need to contact the RMV to remove the donor designation from your license and the registry.

How to Make an Informed Decision?

If you choose to leave this decision to your Health Care Agent, it is essential to communicate your wishes to them clearly through open and honest conversations. Also consider writing down your specific preferences and keeping that document with your estate planning binder.

Organ donation is a profoundly personal choice. We encourage you to understand the implications of your status and confirm that your actions at the RMV align with your core wishes and your estate plan.

To learn more, visit the RMV’s page on organ and tissue donation.

Please take a moment to look at your license and ensure your estate plan truly reflects your wishes regarding organ donation. If you have any questions about this or other aspects of your existing plan, please do not hesitate to contact our office.

Sincerely,

Anna