Last year I agreed to be my uncle's healthcare agent. I know he was interested in donating his body to a medical school but I'm pretty sure he never did anything about it. As his health care agent, can I agree to let his body be donated when he dies? He is no longer competent and his proxy has been invoked. He has no other remaining family. Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
New Massachusetts Anatomical Gift Act
The short answer to your question is yes. Massachusetts has adopted the Uniform Anatomical Gift Act. The Act, which will appear in Massachusetts General Laws Chapter 113A, allows a health care agent to make donations on behalf of the person who appointed the agent, the principal. The Act also allows people to make a gift of all or any part of their bodies in one of several ways: (1) by indicating his wish on his driver's license; (2) by will, even if the will is not probated; (3) Orally or by any other form of communication that is witnessed by two adults, over 18, as long as at least one witness is disinterested (no relatives, spouses, children, siblings, etc); or (4) by a donor card signed by the donor. The gift can be made to an accredited hospital, college, university or medical school; a specific person; or an eye or tissue bank.
The Act also incorporates a so-called "majority rule" that prevents one of a group of similarly situated family members (four children, for example) from vetoing a gift when the others believe the donor would want the gift to be made.
Interestingly, the law also allows individuals to take steps to prevent their body, or any part of their body, from being donated or used as an anatomical gift. Any writing that is signed and witnessed by two adults will do the job. Or a person can include language in her will stating she does not want her body donated. As with expressing a wish to donate, discussed above, any person who is injured or terminally ill may prevent organ donation by making a statement or any form of communication in front to two adults, one of whom is disinterested. Hope that helps.