Many people elect to donate their organs in the event of their passing to help benefit people in need of transplants or the advancement of the medical sciences. While the process is generally simple to elect to become an organ and tissue donor, many snowbirds may wonder how it affects their estate plan if they are moving between Minnesota and Florida. Organ and tissue donation may work differently in different states, so donors may wish to confirm that they are registered as donors in both states.
For more information on the differences in estate planning law between Minnesota and Florida, consider speaking with an experienced attorney from Roulet Law Firm, P.A. by calling the Florida office at (941) 909-4644 or the Minnesota office at (763) 420-5087. Or you can fill out the contact form on this page and a member of our team will reach out to you to schedule your consultation.
Who Is Eligible to Donate Organs and Tissue?
Very rarely would anyone be barred from becoming an organ donor in either Minnesota or Florida. Most organ or tissue donation is needed for transplant, and even less than ideal samples can be used as temporary measures to save a life.
There are a few factors that may preclude individuals from donating, but those are generally evaluated on a case-by-case basis. In Minnesota, the only thing that immediately disqualifies an individual from organ donation is testing positive for HIV. Situations involving diabetes, hepatitis, and cancer are evaluated individually. Florida may require the person in question to be a legal adult capable of making decisions for themselves.
Different Kinds of Organ Donation
Depending on specific state laws, there are several different kinds of organ or tissue donation. While some people can choose to make living donations, these don’t factor into estate planning. The two most common choices that organ donors must make are between standard organ and tissue donation and whole-body donation.
Organ donation is generally used for medical reasons, providing working organs for those in need of a transplant. This applies to organs like the liver, heart, kidneys, lungs, pancreas, or intestines. However, some may choose to donate their entire body instead of just organs. This is generally used for scientific advancement and study with organizations such as the Mayo Clinic.
How to Become an Organ Donor
As there is always a need for organ and tissue donation, the process for registering is generally quite simple. Most states want to make it as easy as possible to enable anatomical gifts to serve those in need of a transplant. This is why factoring in organ donation is often a part of many people’s estate plans.
For more information on estate plans and organ donation, consider speaking with an experienced estate planning lawyer from Roulet Law Firm, P.A.
Register With the State
To become an organ donor, one must first register with one’s state of residence. The process may vary according to specific state laws, but it generally involves that state’s specific registry portal. To become an organ donor in Florida, you can register with Donate Life Florida. In Minnesota, donors can register at Donate Life Minnesota.
This registration exists to confirm the donor’s existing decision in their will, personally expressed wishes, or advance healthcare directives. Having these estate plan documents will help confirm the decision and make the process go smoothly.
Update Driver’s License
Once the donor is registered with the state, they may want to update their driver’s licenses to display they are organ donors. This step can sometimes be done at the same time as registering with the state of Florida. Once this license is updated, it will indicate to any healthcare professionals that the decedent wishes to donate organs or tissue.
Include Organ Donation in Advance Healthcare Directives
To ensure that these wishes are carried out, it may also be beneficial to update any advance healthcare directives to reflect this decision. While it may seem excessive, ensuring that all wills, advance healthcare directives, and other documents are in agreement will remove confusion and any obstacles to the donor’s wishes.
Inform Others of Intent to Donate Organs
Lastly, it may also be a benefit to inform loved ones and other close people of one’s wishes to donate organs. Helping to prepare loved ones for such an event will help prevent confusion or conflict. Having a close friend or a loved one to confirm your decision will aid medical professionals in understanding your wishes.
Family Members’ Role in Making Organ Donation Decisions
Generally, medical practitioners will resort to the estate plan documents provided for the individual. These documents are often irrevocable upon the individual’s death, meaning that family members may not have a say in the decisions made regarding advance healthcare.
However, some family members may be appointed as healthcare proxies, which would give them authority to make medical decisions on behalf of the individual. If the advance healthcare directives are unclear, or if there is no decision explicitly stated by these documents, it may come down to a family member or close friend to make these decisions.
Updating Estate Plan When Moving to Florida
However, many relocating snowbirds may wonder if they must update their estate plan regarding organ donation. While most registrations for organ donation are honored nationwide, medical professionals may only be able to access those estate plan documents if an individual is registered in the state database. Seeing as most transplant and donation opportunities must be carried out quickly, the ensuing confusion may prevent the donor’s wishes from being carried out.
Consider updating any advance healthcare documents, confirming registration with the state of Florida, and informing any loved ones who may serve as a proxy of your wishes.
Frequently Asked Questions
Listed below are some frequently asked questions about organ and tissue donation and estate planning.
Who Will Make the Decision If I Do Not Make a Decision on Organ Donation?
For minors, this decision will be made by legal guardians. For adults, this decision will either be made by an appointed healthcare proxy, or by a spouse, adult children, parents, or other family members.
Contact a Florida and Minnesota Estate Planning Lawyer
Organ and tissue donation is one way that many choose to give back to people, even after death. Transplants from donors save countless lives and improve many more. However, understanding the legal and bureaucratic processes that make this life-saving work possible can be difficult. An experienced estate planning lawyer from Roulet Law Firm, P.A. can help guide you through the process, specifically when moving from Minnesota to Florida. Consider scheduling a consultation by calling the Florida office at (941) 909-4644 or the Minnesota office at (763) 420-5087. Or you can fill out the contact form on this page and a member of our team will reach out to you to schedule your consultation.
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