Elijah
Smith said he wanted to be an organ and tissue donor when he applied for a
driver’s license in September. But his family didn’t find that out until he was
declared brain dead by doctors on July 4 after being struck in a hit-skip crash
while riding his bicycle the day before.
As a recent real life drama
illustrates, the lines can get blurry when it comes to the subject of organ
donations. Consider a recent example of this as played out in Ohio.
As reported in The Columbus Dispatch in an article
titled “Family loses fight to keep son’s organs from
donation,”
Elijah was a young man who was hit in an accident on his bicycle. As a result,
he suffered very serious injuries and was later pronounced brain dead.
But that was not the end of it.
You see, Elijah identified
himself as an organ and tissue donor when he applied for his driver’s license. Note:
that is one of those elections that can have some very binding implications. In
the case of Elijah, this decision trumped the will of his family in the
disposition of their intestate and brain-dead son.
Elijah’s family fought because
they felt it was not in his best interests. The family even fought against the
organ-donor charity for whom Elijah’s organs were maintained until a
court-order made the final call and completed the organ donation. This was the
first time this particular organ-donation company has gone to court and it was
a relative rarity in the nation overall.
As this case clearly
demonstrates, serious thought and communication are required when planning all
aspects of your life and estate. When it comes to organ donation considerations,
ensure that your loved ones know and understand your wishes. The consequences
of “checking the box” on your driver’s license application are not to be taken
lightly.
Proper life and estate planning
is not something to delay until old age. The decisions you make, or fail to
make, affect you and your family at every age.
For more information and articles on
estate planning and elder law topics, please visit our website
and sign up for our free monthly e-newsletter. You can also friend
our law practice's Facebook page (R Christine Brown).
Reference: The Columbus
Dispatch (July 12, 2013) “Family loses fight to keep son’s organs from
donation”