Anatomical
Gifts
by
Herbert D. Hinkle, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Given the importance
of biomedical research into the cause of various disabilities, many
parents have asked who legally can donate the organs and tissue needed
to advance this work.
New Jersey, Pennsylvania
and all other states, including the District of Columbia, have adopted
the Uniform Anatomical Gift Act ("UAGA"). What this means is that
the same law applies in all of these states.
The UAGA permits
any person of "sound mind and 18 years of age or more" to give all
or part of his/her body for transplantation into the body of another
or for scientific research. Most commonly this is done through a living
will or by checking the back of a driver's license.
Suppose the prospective
donor is not of "sound mind" or has never addressed the subject in
life; who then can make a anatomical gift? The UAGA specifies who
can speak for the person, providing the following order of priority:
- The spouse;
- An adult
son or daughter;
- Either parent;
- An adult
brother or sister;
- A guardian
of the person of the decedent at the time of death;
- Any other
person authorized or under obligation to dispose of the body.
The UAGA prohibits
gifts by one of the persons specified above when there is knowledge
of contrary intentions by the decedent. Also, a person of a higher
or similar priority can block a gift by another. For example, if one
of the decedent's parents wishes to make a gift and the other objects,
the gift cannot be made (absence knowledge of the decedentās wishes).
What can parents
of an incapacitated person do to assure an anatomical gift? It is
best to memorialize their wishes in writing. This could be done in
the parents' own living will, or in a letter of intent, or in a trust
established for their child. Parents should use a document that is
reasonably certain to be available when the child dies.
Copyright 1998
H.D. Hinkle. All rights reserved.
Mr. Hinkle
maintains a multi-state law practice with offices in Lawrenceville,
Florham Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his
colleagues Ira Fingles, and Paul Prior lecture and write frequently
on topics of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
