Next of Kin - Organ Donation

Lately i have been looking into becoming an organ doner in the event that i die. Its something i've thought long and hard about for a while and it is something i wish to go ahead with. After looking up the website that deals with organ donation, it asks and answers the following question:

How can I become a donor after my death?
Simply sign a Donor Card and request your next of kin to sign it also indicating their willingness to honour your wishes.

My problem is this. I have been with my current partner for a number of years now and although he is aware of my wishes and would carry them out, he is not my next of kin as we are not married and we never intend to marry. This would make my parents my next of kin, and regardless of what i say, they would never agree to my organ donation, for many reasons, the main one being a religous reason. (They are of different religious persuasion to me and they do not believe in blood/organ donation).

Is there any way around this. I would hate in the instance of something happening to me for my organs to go to waste. I would rather my partner make the decision as he knows how i feel about this, but have been told it would be my parents decision. How can i ensure my wishes are carried out?

GED said:

...Simply sign a Donor Card and request your next of kin to sign it also indicating their willingness to honour your wishes...
...How can i ensure my wishes are carried out?...

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Driving licence has a section on the back for opting in to Kidney and or Multi Organ donor. It has space for licensee signature only. If it doesn't 'work' then it seems pointless and misleading to have it there at all...
It seems odd to me that you are required to have your next of kin to approve of your noble decision.

Crugers said:

It seems odd to me that you are required to have your next of kin to approve of your noble decision.

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Odd as it is, it is the practice in Ireland.

GED, if you don't marry your partner you are correct in saying your parents remain your next of kin. This is a problem not only in relation to organ donation but also consent for medical procedures if you are not in a position to make a decision.

However (and maybe some solicitors on here can confirm) I think that it may be possible to give power of attorney to your partner in such circumstances.

religion aside I know someone who got married to their partner in a registry office for reasons not unlike this one, no ceremony or readings or anything just signing the certificate to say they were legally married, end of. Maybe its something you might consider.

Nelly, OP already stated they had no intentions of marrying....pretty clear..

Hi GED,

This is just an idea but I have often thought of drawing up a Living Will as I would hate someone else to make decisions for me if I were in a coma. Have been putting it on the long finger, but this is a site with an Irish flag and the price quoted in Euro. It just might give you an indication of what you can do in relation to the above.

http://www.makeyourwill.com/googlewills.htm?aieedGn006G_EI_LW_1195

Although I'm not sure if the legislation is in place here yet,to enable you to do so.

The following pdf file;

turns up a good few references to Living Wills.

Nelly is giving GED another option to ensure that her wishes are carried out, it might be the only option available to her.

Nelly is giving GED another option to ensure that her wishes are carried out, it might be the only option available to her.

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If GED is a 'her', that is.

Hi guys

Thanks for your comments so far. TDON, i had thought of a will (as i need to do one up anyway) but it was mentioned to me that in most circumstances a persons will is usually dealt with after their funeral, therefore making it too late for organ donation. The link you provided for the living wills was great and at least i know its an option. Without sounding too thick what is the difference between a will and a living will? I presume that one is taken into consideration while one is alive and the other once one has died?? But is this common practice? If i were in hospital, would hospital staff usually ask if i had a living will or would i instruct my partner to make them aware of the fact?

religion aside I know someone who got married to their partner in a registry office for reasons not unlike this one, no ceremony or readings or anything just signing the certificate to say they were legally married, end of. Maybe its something you might consider.

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Hi Nelly. Thanks for the suggestion, but its not a route we want to take, small ceremony or not, but thanks anyway.

If GED is a 'her', that is.

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Last time i checked i was anyway

Lauren no need 4 it, luv.

the reason i mentioned it is that signing a bit of paper which is reversable by legal seperation / divorce if you change your mind is the means to the end. Its also a different way of looking at the whole "marraige" thing where most of us got into it for other reasons and till death do us part. . It would be the only solution (assuming that they op is not in a same sex partnership).

posted same time as op.

My brother RIP, made a living will when he was diagnoised with a terminal illness, its legal all above board, I would suggest you go that route with your solr.

It would be the only solution (assuming that they op is not in a same sex partnership).

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Its not a same sex partnership, just one of us has been down the marriage route before and we both agree its just not for us personally.

My brother RIP, made a living will when he was diagnoised with a terminal illness, its legal all above board, I would suggest you go that route with your solr

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Thanks for letting me know Davfran. Its something i am definately looking into but i still need to know if my parents can contest it. It would be different if my parents agreed with my choice but they don't at all.

I think that it may be possible to give power of attorney to your partner in such circumstances.

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Is this possible?

Organs are generally harvested from people who are brain dead. They are still "alive" in that the heart is beating.
In general, the family and significant others are gathered as a group and a consensus needed, as harvesting organs is the equivelent of turning off a machine.
I cannot see organs being harvested when there is a vehement objection from a family member, legal or otherwise.
A signature on the card is usually not enough.

I cannot see organs being harvested when there is a vehement objection from a family member, legal or otherwise.
A signature on the card is usually not enough.

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Is there nothing i can do then to make sure my wishes are carried out?

State your wishes in a will.

I have made it known that in the event of my death that my will must be read asap. I have explicitly said what my wishes are about disposal of my remains and organ donation.

bond-007 said:

State your wishes in a will.

I have made it known that in the event of my death that my will must be read asap. I have explicitly said what my wishes are about disposal of my remains and organ donation.

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A will (in the conventional sense) in no good in relation to organ donation as there is a very small window of opportunity during which the organs can be harvested.

The best you can do is ensure that your next of kin knows your wishes.

Which they are free to ignore.

What about a living will?

The power of attorney option seems to have limited benefit

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As far as I can make out, living wills have no legal basis in Ireland.

GED my advice would be go see a solr. also contact organ donor org. I know they probably have no legal standing but see if they had similar circumstances. They may be able to guide you in the right direction, best of luck and fair dues to you, such a shame that others can dictate what you do with your own organs for religious purposes or otherwise.