Many people decide during their lifetime that they want to help others after their death by donating their organs, tissues, or even their entire body for medical education or research. For some people, the decision is deeply personal. For others, it is simply another way to help someone else after they are gone.
But deciding that you want to donate is only the first step.
It is also important to understand how to formally document your wishes and, just as importantly, make sure that your family, physicians, and other appropriate people know about your decision. In New Jersey, you can document an anatomical gift in several ways, and the process varies depending on whether you want to donate organs and tissue for transplantation, your body for medical education or research, or both.
What Is an Anatomical Gift?
Under New Jersey law, an anatomical gift is a donation of all or part of a person’s body that takes effect after death. The gift may be made for transplantation, therapy, research, or education.
This means that “organ donation” and “body donation” are not necessarily the same thing.
A person may want to:
- Donate organs for transplantation;
- Donate tissues, such as corneas or other tissues, for transplantation or therapy;
- Donate organs or other body parts for research or education; or
- Donate their entire body to a medical school for anatomical study and medical education.
Communicate these decisions clearly because different types of donations may involve different organizations and procedures.
How Do You Register as an Organ and Tissue Donor in New Jersey?
One of the simplest ways to document an intention to donate organs and tissue after death is through the New Jersey organ and tissue donor registry.
New Jersey residents can register as donors through Donate Life New Jersey. The registry provides a record of the person’s decision to become an organ and tissue donor.
A person can also make an organ donor designation through the New Jersey Motor Vehicle Commission. The MVC explains that the designation is a legally binding document of gift under New Jersey’s Uniform Anatomical Gift Act and that the gift takes effect upon death.
For people who have already made this decision, it is a good idea to periodically confirm that their registration and identification records accurately reflect their wishes.
Should Organ Donation Be Included in an Advance Directive?
Yes.
An advance directive for health care can provide another important place to document a person’s wishes concerning anatomical gifts.
The New Jersey Department of Health’s advance directive materials specifically include a section addressing anatomical gifts. The form allows a person to indicate whether they wish to donate any needed organs or body parts, particular organs or parts, or their body for anatomical study. It also allows a person to provide special limitations or additional instructions.
Including the decision in an advance directive can be particularly helpful because an advance directive is already an important part of comprehensive estate and elder care planning.
However, a person should not assume that putting the decision only in a will is sufficient.
A will may not be reviewed until after the person’s death, while decisions about organ and tissue donation often must be addressed quickly after death. For that reason, the person’s wishes should be documented in the appropriate donor registry and health care documents and communicated to the people who may be involved when death occurs.
Tell Your Family About Your Decision
Even when a person has properly documented an anatomical gift, family members should know about the decision.
This is especially important because family members may be the people who are present when a death occurs and may be responsible for communicating with medical personnel, a funeral home, or a body donation program.
New Jersey hospital regulations require procedures for hospitals to notify their designated organ procurement organization when a patient’s death is imminent or when the patient has died. The regulations also address situations in which the hospital or organ procurement organization has evidence of an anatomical gift through a donor card, will, driver’s license, identification card, or another document.
In other words, the more clearly a person’s wishes are documented and communicated, the less likely family members are to have to determine what the person wanted during an already difficult time.
What If You Want to Donate Your Entire Body?
Whole-body donation is different from simply registering as an organ and tissue donor.
People who want to donate their bodies for medical education or research should make arrangements with the specific institution or body donation program in advance.
For example, Rutgers Robert Wood Johnson Medical School operates a whole-body donor program through its Anatomical Association. The program allows eligible New Jersey residents to preregister and make arrangements for their bodies to be used for medical education and research.
The Hackensack Meridian School of Medicine also operates an Anatomical Donation Program for individuals who wish to donate their bodies for education and research.
This is an important distinction: registering as an organ donor does not necessarily constitute enrollment in a particular medical school’s whole-body donation program.
Someone who specifically wants to donate their entire body should contact the institution they have selected, complete its required documentation, and understand its acceptance requirements.
For example, Rutgers’ current donor instructions state that certain forms must be completed and witnessed, that the donor should keep copies of the documents, and that the donor’s designated person should know how to contact the program immediately following death.
What Happens When Death Occurs?
Timing matters.
Organ and tissue donation can involve medical decisions and procedures that must occur promptly after death. Hospitals have procedures for notifying the appropriate organ procurement organization when death is imminent or has occurred.
This is one reason it is so important not to rely solely on a document that may not be found until weeks after death.
A person who wishes to donate should make sure that the people most likely to be involved know about the decision and know where the relevant documents are located.
A practical plan might include:
- Registering as an organ and tissue donor through the appropriate New Jersey registry;
- Making sure the donor designation on a New Jersey driver’s license or identification card is accurate;
- Including anatomical donation wishes in an advance directive for health care when appropriate;
- If whole-body donation is desired, completing the enrollment requirements of the selected medical school or body donation program;
- Giving copies of relevant documents to a spouse, adult child, trusted family member, health care representative, physician, or other appropriate person;
- Keeping important documents in a location where they can be found quickly; and
- Telling family members what you want and who they should contact when the time comes.
Can a Person Donate Organs and Still Have a Funeral?
Generally, organ or tissue donation does not mean that a family cannot have a funeral or memorial service.
Similarly, whole-body donation programs may have procedures for returning cremated remains to the family after the body has been used for medical education or research. Arrangements, however, depend on the program involved.
Anyone considering whole-body donation should therefore discuss the program’s specific policies with the institution before completing the donation documents.
What About a Medical Examiner or Autopsy?
People sometimes worry that an investigation into their death will automatically prevent their organs or tissues from being donated.
New Jersey law contains specific provisions addressing situations in which a death is under investigation, and the decedent is an anatomical donor. When appropriate notice of the donation has been given, the medical examiner must perform an examination or autopsy in a manner and within a time period compatible with preserving organs or tissues for transplantation, subject to the requirements of the law.
The important point is that a potential donor should not assume that an unusual or unexpected death automatically makes donation impossible. The circumstances of the death and the medical and legal requirements will determine what can be done.
Why This Belongs in an Estate Plan
Estate planning is about much more than deciding who receives your property after you die.
A comprehensive estate plan should also address important personal decisions, including who will make health care decisions if you cannot make them yourself, what medical treatment you want, and what you want to happen to your body after death.
If you want to be an organ, tissue, or body donor, documenting that decision is another way to ensure your personal wishes are respected.
Most importantly, don’t make your family guess what you wanted.
Tell them.
Put your wishes in the appropriate documents.
Make sure the people who may need to act on your behalf know where those documents are and whom to contact.
A few minutes spent documenting your wishes now can make an enormous difference for your family later and may allow you to leave behind a final gift that helps another person or advances medical education and research.
Planning for the Future
Organ and body donation is a personal decision, and the right plan depends on what a person wants to donate and for what purpose.
At Hanlon Niemann & Wright, P.C., we help New Jersey residents consider these and other issues as part of comprehensive estate planning and elder care planning. If you are reviewing your estate plan, now may be a good time to make sure your health care directives, donor registrations, and other important documents accurately reflect your wishes.
Your estate plan should speak for you when you cannot. Your wishes about donation deserve to be part of that conversation.
If you are looking for additional information about including your wishes regarding organ, tissue, or whole-body donation in your estate plan, or if you have questions about documenting and communicating your wishes, please contact, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conference or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate Planning Attorney
This article is intended for general informational purposes and should not be considered legal advice. New Jersey laws and donation-program requirements can change, and individuals considering organ, tissue, or whole-body donation should confirm the current requirements applicable to their circumstances.