Many people assume that including an organ donation clause in their Will is enough to ensure their wishes are followed. Unfortunately, that is not always the case.
While a Willl can record you intention to donate organs or tissues after death, it is not the document that healthcare professionals will rely on when donation decisions need to be made. Organ donation is a time sensitive process, and a Will is often not reviewed until after those decisions have already been made.
For this reason, organ donation should be considered as part of your broader estate and advance care planning.
Registering as an Organ Donor
Australia operates an opt-in system for organ and tissue donation. Individuals aged 16 years and over can register their decision through the Australian Organ Donor Register.
When registering, you can choose to donate all organs and tissue or nominate which organs and tissue you wish to donate.
In most Australian states and territories, including your wish on your driver’s licence is no longer sufficient.
The role of your Will
A Will can reinforce your intention to donate, but it should not be relied upon as the primary record of that decision.
Because donation needs to be assessed and arranged shortly after death, medical practitioners cannot wait for an executor to locate and review a Will before taking necessary steps. By that stage, the opportunity for donation may have passed.
Advance Care Directives & Enduring Guardianship Documents
An Advance Care Directive and an Enduring Guardianship appointment are separate documents that can assist with future healthcare planning treatment if you lose capacity.
An Advance Care Directive records your treatment preferences and may include wishes regarding organ and tissue donation. An Enduring Guardianship appointment allows you to nominate a trusted person to make health and lifestyle decisions on your behalf if you lose capacity.
While these documents can help communicate your wishes, they should be used alongside registration on the Australian Organ Donor Register and discussions with your family.
Talk to your Family
Registering your decision is important, but it is equally important that your family understands your wishes.
Even where a person is registered as an organ donor, healthcare professionals will discuss donation with family members after death. Families who are aware of their loved one’s wishes are generally better placed to support and honour those wishes during what is often a difficult and emotional time.
Clear communication can reduce uncertainty and help ensure your intentions are understood.
Key Takeaways
If organ donation is important to you, consider taking the following steps:
- Register your decision on the Australian Organ Donor Register;
- Discuss your wishes with your family and loved ones;
- Record your wishes in any Advance Care Direction or Enduring Guardianship documents you prepare; and
- Ensure your Will is consistent with those wishes.
A coordinated approach gives the best chance of your intentions being known and respected.
If you would like assistance incorporating your organ donation wishes into your broader estate plan, or preparing or reviewing your Will, please contact our Future Planning Team. We can provide tailored advice to ensure your documents work together and clearly reflect your intentions.
Get in touch with Lilly Macintyre at lilly@morganenglish.com.au
