Thomas Curtiss Jr. (Attorney-at-Law) gives expert video advice on: What happens if my family contests my decision to donate my organs? and more...
What are "anatomical gifts"?
Anatomical gifts are those made or requested to be made by a person after his or her death of organs for transplant or his or her body for medical research or medical education.
What happens if my family contests my decision to donate my organs?
Any decision by a family to contest this kind of a gift is really problematic in that whether or not the agent who has been instructed to donate these organs and will be able to deliver the organs, as requested, will depend upon the willingness of the medical facility to comply. If the family has grave misgivings or very emotional objections to this donation being made, the doctors may be spooked and may be unwilling to honour the wishes of the now-deceased patient, particularly if the family is claiming that there are religious consequences to what the deceased wanted. As a practical matter I think that anyone who wants to make these donations, and feels that the family could object, should advise the family beforehand about his or her wishes in the hope that by the time the event occurs, they'll be resigned to the fact that this is what the loved one wants.