ORGAN DONATION FIRST PERSON CONSENT

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ORGAN DONATION FIRST PERSON CONSENT

• Presented by
• Jaimmé A. Collins
• 701 Poydras Street, Suite 4500
• New Orleans, Louisiana 70139
• jaimme.collins_at_arlaw.com
• [phone]

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What is 1st Person Consent

• Donor agrees to make an anatomical gift of his or
  her own person
• Donors decision is valid to make gift
• NO ONE else has the right to make or change that
  donation decision.

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Capacity to Consent

• Under La. R.S. 172352A Persons who may
• execute an anatomic give
• Any individual who is competent to execute a will
  may give all or any part of his body for any
  purpose specified in R.S. 172353, the gift to
  take effect after death. The rights of the donor
  are superior to the rights of the surviving
  spouse and next of kin.

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Art. 1476. Minors incapacity to make donations,
exceptions

• A minor under the age of sixteen years does
• not have capacity to make a donation either
• intervivos or mortis causa, except in favor of
• his spouse or children.

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Art. 1476. Minors incapacity to make donations,
exceptions

• A minor who has attained the age of sixteen
• years has capacity to make a donation, but
• only mortis causa. He may make a donation
• intervivos in favor of his spouse or children.
• Acts 1991, No. 363, 1.

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Capacity to Consent - Revised Uniform Anatomical
Gift Act (2006)

• Under section 4 of RUAGA
• An individual over the age of 18, or if under the
  age of 18, an individual who is an emancipated
  minor and
• Who has made an anatomical gift during his/her
  lifetime.

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Manner of Making a GiftLa. R.S. 172354

• By will
• Document of Gift
• Signed in the presence of two witnesses
• Witnesses in turn must sign
• Drivers license
• Verbally, by telephone, provided the conversation
  is recorded and kept
• Any other method provided by law
• Donor Registry

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Manner of Making a Gift - RUAGA

• Symbol on drivers permit/identification card
• Donor Card/Record signed by donor
• Donor Registry
• Directing another to sign requires 2 witnesses
  one disinterested
• Will
• During terminal illiness/injury, any
  communication to 2 witnesses one disinterested.

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Respect for Donors Decision

• Generally, RUAGA (section 8) specifies that if
  the donor has made an anatomical gift, or refused
  to make an anatomical gift, no one else can
  change that decision unless, the donor
  expressly says they can do so.
• Sec 8g authorizes the parent of an unemancipated
  minor to revoke the gift

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How to Amend or Revoke

• La law provides no express provisions
• Donor can amend or revoke by
• Signed record
• Later executed document of gift that amends or
  revokes, either expressly or by inconsistency
• Destruction or cancellation of document of gift
  with intent to revoke
• In manner required for changing a will

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How to Amend or Revoke

• Person signing at direction of donor or others in
  presence of two witnesses, one disinterested
• During terminal injury/illness, any communication
  to two witnesses, one disinterested
• Disinterested anyone other than spouse,
  relatives, guardian, or person who exhibited
  special care or who may receive gift

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RULES OF INTERPRETATION

• You are authorized by section 19 to presume that
  a document of gift is valid unless you know that
  it was not validly executed or was revoked.

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• THE END