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Estate planning: making a donation of tissue or organs, P.2

In our previous post, we began looking at a recent article in the New Jersey Journal which discussed the various ways of making a donation of tissue or organs part of one's estate plan.

Although such a donation may not suit every person, it is a great way to give back to the medical community and do a lot of good, for those who are so disposed.

As we noted last time, there are various options available for making a donation. Under a will, an organ/tissue gift is effective at donor's death. There is no need for probate on the gift, and the gift remains valid whether or not the will is declared invalid, provided the gift is still valid if made in good faith.

Another good option is making an organ pledge on one's driver's license. This can be done in person or online through the Department of Motor Vehicles. To make the gift, the donor must meet all the identification requirements necessary to acquire a New Jersey Driver's license.

It is possible to make a recording to donate one's organs on a Donor Registry, but sources said it is probably a better choice to appoint a personal representative. One may choose among various individuals for their personal representative, including a spouse or domestic partner, adult son or daughter, a parent, an adult brother or sister, one who is a guardian at the time of one's death, or any person authorized or required to dispose of the body. In this last category, if the deceased donor has not indicated otherwise, priority will be given in the order of persons listed above.

Source: Jersey Journal, "Your Legal Corner: Organ donor pledge," Victoria Dalton, 27 Mar 2011.

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