Organ & Tissue Donation

The organs, tissues or parts of a decedent's body may be donated to hospitals, doctors, schools, organ banks or storage facilities, organ procurement agencies or individuals for research, therapy or transplantation. The gift may be made by the decedent while alive or by certain persons in the order designated by statute in the case of someone who has died. The persons who may make the gift in the order they may act are:

1) agent under power of attorney for health care;

2) designated health care surrogate at the time of death;

3) guardian of person at the time of death;

4) spouse;

5) any adult child;

6) either parent;

7) any adult brother or sister;

8) any adult grandchild;

9) a close friend who can provide an affidavit demonstrating facts showing the relationship and familiarity with the decedent's health, social history and religious and moral beliefs;

10) guardian of estate at the time of death;

11) anyone authorized to dispose of the body.

If the decedent expressed a desire not to donate or there is reason to believe the gift is contrary to the decedent's religious beliefs or a person with priority objects, the gift cannot be made. Only persons in the highest priority class available can consent.

The decedent, while living, can make the gift (to take effect on death) in a will or any writing. The writing need not be witnessed or delivered. The donee does not have to be identified. In the absence of specification of the donee, the attending physician at death may accept the gift. The donor can designate the doctor who will carry out the gift.

When someone other than the decedent makes the gift the gift must be made in writing or a recorded message.

Paying or even offering to pay for an anatomical gift is a misdemeanor and a felony if repeated, at least if the payment is to the donor or persons making a gift of a decedent's organs. Whether or not payment to family members who are not involved in the consent is permissible has not been decided.

Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603
Ph: 312-782-0844 * Fax: 312-201-1436 * Email: donthompsonlaw@sbcglobal.net