Organ Donation Law – How does it affect you? Organ donation is an extremely sensitive issue. In view of people’s differing beliefs and views regarding the subject, it is important to be aware of how the organ donation law changed to act in your own best interests. Laura Richardson explains how the law could affect you . . .

Organ donation law in England changed from Spring 2020 meaning that unless you specifically ‘opt-out’, it will automatically be assumed that you consent to be an organ donor after you die.  Last year over 400 people died whilst waiting on the Organ Transplant List so it is hoped that by changing the law, more people will be saved based on organ donation law.

Approximately only 1% of people die in a manner that allows their organs to be used for donation, so even if you decide that you wish to be an organ donor when you die, this may not be possible. There are also some groups of people that are exempt from the new law including those under the age of 18, those who are not residents in the UK, and those who lack the necessary mental capacity to make their own decision based on the remit of organ donation law.

If you are not exempt then it is important that you record your choice on the NHS Organ Donation Register and tell your friends and family of your decision. If you do not wish to discuss your decision with your relatives or friends, you may wish to record your decision in a statement within your Will. You could also explain your decision in more detail in a letter to formally accompany your Will if you are concerned that your loved ones may not understand or agree with your decision.

Making the decision to become an organ donor after you die can be a difficult decision to make, especially if you have strong religious beliefs. However, the NHS is required to take any belief system, faith, or religion into account before organ donation can take place. You can also request that a specialist nurse speaks to your family about your faith or beliefs after you die to provide further information and reassurance.

Further information regarding all aspects of organ donation law is available at https://www.organdonation.nhs.uk/  however, if you feel that you are unable to make a decision on your own then you are able to appoint a legal representative to make that decision on your behalf. If you would like to discuss your decision about becoming an organ donor or including a statement of your wishes within your Will, call Andrew Douglas Wills & Legal Services. We can arrange a free initial consultation to take place in the comfort of your own home, and whether you are in Dunmow, or the surrounding Essex area we look forward to hearing from you.

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