American Medical Association Family Medical Guide - American Medical Association [307]
The acceptability of a body or organ can be determined only at the time of death. Older people may be able to donate only parts of their body (such as their eyes), but medical schools accept bodies of any age for research. To be a donor, the person has to be of sound mind and 18 years old or older, although, with parental consent, a person under 18 can be a donor. Donations are considered gifts; it is illegal to pay for a donated body or body part. However, transporting the body after death is the financial responsibility of the family or estate, whether the body is transported to a hospital or medical school for donation or to a funeral parlor.
Organ donation is performed with respect for the donor’s body, using standard surgical practices. It does not violate the beliefs of most religions, or affect funeral practices, including the option of an open casket. And in the case of whole-body donation, not having the body at a memorial service can change the emphasis of the ceremony to the person’s life (rather than his or her death).
Advance Directives
At some point, a person may become unable to make decisions about his or her medical treatment. Advance directives, legal documents that provide guidance and instructions to the person’s family, friends, or doctors or other health care providers, can help ensure that any health care decisions that are made on the person’s behalf are consistent with his or her wishes. Advance directives may be general statements about a person’s attitudes toward extraordinary lifesaving measures and end-of-life medical treatment. They may also be specific directives such as a do-not-resuscitate order or detailed instructions about specific types of medical treatment a person does or does not want to receive. Living wills and durable powers of attorney for health care are the most common types of advance directives.
Ideally, advance directives should be prepared and signed before the need for them arises. The person seeking an advance directive should talk with his or her doctor, family, friends, and clergy, to help sort out his or her feelings about life-sustaining medical treatments and to make his or her wishes known. The person can continue to make his or her own decisions about medical treatment as long as he or she is competent. Advance directives can be withdrawn by the person at any time.
Legal forms for advance directives are usually available through hospital social services departments or from local or state medical societies or bar associations. A lawyer can create a living will and durable power of attorney for health care that will suit the person’s needs. Although not necessary, it is a good idea to consult an attorney when preparing or filling out forms for a living will or durable power of attorney for health care because laws and requirements regarding advance directives vary from state to state.
A person should tell his or her doctor and close family members or friends about the advance directives. The person’s doctor and appointed health care agent (also referred to as proxy, attorney-in-fact, or representative) should receive copies of the directives. If health care institutions are involved, they should also receive copies of the advance directives so they are aware of the person’s wishes regarding medical treatment. In addition, the person should keep copies where they can be found easily. The person or his or her health care agent should review these documents regularly and keep them up-to-date.
Living Will
A living will is a legal document that contains written instructions about