The Importance of Including Organ Donation Preferences in Your Advance Directive

A well-prepared estate plan provides peace of mind, and a key, often overlooked, part of that plan is the advance directive. Making your organ donation preferences clear in this legal document is a powerful way to make sure your choices are respected. Most of us need to work with an experienced estate planning attorney to formalize these critical decisions and remove any ambiguity for your loved ones. 

At Davidson Estate Law, we have spent over two decades helping Bay Area families protect their futures and honor their final wishes. From our offices, we serve clients in Oakland, Walnut Creek, Berkeley, San Francisco, El Cerrito, Alameda, and the surrounding communities. 

What Is an Advance Directive?

An advance directive is a foundational component of a comprehensive estate plan that states your wishes for end-of-life medical care if you're unable to communicate them yourself. This legal document can address a range of preferences, from your views on life-sustaining treatments to pain management. By creating an advance directive, you appoint a healthcare agent to make decisions on your behalf, guided by the instructions you have provided. 

In this framework, you can specify your wishes regarding organ and tissue donation. While many people register as donors through the DMV, including these preferences in your advance directive adds another layer of legal certainty. It centralizes your healthcare decisions in one place, making it easier for your family and medical providers to understand and follow your intentions. It can also prevent confusion and disagreements among family members, allowing them to focus on honoring your legacy. 

How to Include Organ Donation in Your Estate Plan

Integrating your organ donation preferences into your estate plan is a straightforward process when you have proper legal guidance. The first step is to have open conversations with your loved ones. Make sure your designated healthcare agent, family, and close friends know about your decision. This helps them understand your wishes and prepares them to support your choice when the time comes. 

Next, these preferences should be legally documented. We can help you incorporate your decisions directly into your advance health care directive. This document becomes part of your overall estate plan, filed alongside your will or trust. During this process, you can decide on the specifics: 

• General donation: Authorize the donation of any needed organs or tissues. 

• Specific donation: Limit your donation to particular organs, such as your heart or kidneys, or tissues, like your corneas or skin. 

• Donation for research: Designate your body for medical research or education. 

California Laws Governing Organ Donation and Advance Directives

In California, your decision to donate is legally binding. The state has specific laws in place to honor the documented wishes of individuals regarding organ and tissue donation. 

The Uniform Anatomical Gift Act (UAGA)

California has adopted the Uniform Anatomical Gift Act (UAGA), which provides the legal framework for organ, eye, and tissue donation. A key principle of this act is that your decision to be a donor, once made and documented, cannot be overturned by your family or next of kin.  

This is often referred to as "first-person consent." This means if you have registered as a donor with the Donate Life California Organ & Tissue Donor Registry (often done at the DMV) or stated your wish to donate in a legally recognized document like an advance directive or will, your choice must be respected. 

Advance Health Care Directives

Under California law, an Advance Health Care Directive is the legally recognized document for outlining your healthcare wishes. Part of this form specifically allows you to express your preferences regarding organ donation. You can state a general desire to donate, specify which organs or tissues you wish to donate, or indicate that you do not want to be a donor. 

Including this information in your advance directive provides a clear, legally enforceable instruction for your healthcare agent and medical team. It complements your DMV registration and serves as an authoritative source for your end-of-life wishes. By working with an attorney, you can be certain your directive is correctly filled out and legally sound, giving your decision the full protection of California law. This ensures that your final act can be one of giving, just as you intended. 

Estate Planning Attorney in Oakland, California

Making sure your loved ones are cared for and your financial future is secure is one of the most significant actions you can take. For more than 25 years, Bay Area families have relied on Davidson Estate Law for trusted legal support and compassionate counsel.  

We recognize how challenging these matters can be, and we are ready to help you create a will, establish a revocable living trust, or administer a loved one's assets. Call today for estate planning assistance in Oakland, Walnut Creek, Berkeley, San Francisco, El Cerrito, Alameda, or anywhere in the Bay Area.