Should I be an organ donor?
A decision about organ donation is unique to each individual. The thought of organ donation can create so much indecision that you don’t make a decision at all. Your initial instinct about organ donation is what you should do.
Your loved ones want to know your wishes. If you don’t have a record that says yes or no for organ donation, they are in a difficult position to make a decision on your behalf. You don’t want to put them in a tough spot when they are already in the grieving process.
As you continue through life, your decision on organ donation may change. At that time, you can take steps to make a change to your records. We are here to offer answers to common questions about organ donation. This article provides legal information and not legal advice. If you have specific questions or need legal advice, talk with an attorney about how to legally enforce your wishes about organ donation.
Who can be an organ donor?
You can be an organ donor if you are:
An adult.
An emancipated minor.
A minor who is authorized under state law to apply for a driver’s license or ID card (at least 14-years old and with parent or guardian signed approval).
A minor who is authorized under state law to apply for a hunting, fishing or fur harvesting license (at least 14-years old and with parent or guardian signed approval).
An agent of the donor, unless prohibited in the donor’s durable power of attorney for health care or another record.
A parent of the donor for an unemancipated minor.
A court- appointed guardian of the donor.
Source: Iowa Code 142C.3
How do I become an organ donor?
If you elect to be an organ donor through certain State of Iowa applications, then no further registration for organ donation is needed. Here are the State of Iowa applications where you can indicate your wishes for organ donation.
Driver’s License
State-issued identification card
Hunting, fishing or fur harvesting license
You can also elect to be an organ donor in your Last Will and Testament. We do not advise using this option because, in most circumstances, a Will is not reviewed near the time of death. If you elect to be an organ donor in your Last Will and Testament, the Will does not need to be admitted to Probate to facilitate the organ donation. There are many other reasons to create a Will that you can learn about in our blog “Estate planning for all ages”.
Finally, if the donor has a terminal illness or injury, the donor may verbally communicate their intent to donate. This process requires two adults witnesses, one of which is a disinterested witnesses. For example, you can verbally communicated your intent to donate to your attending doctor (disinterested) and your spouse (interested).
Source: Iowa Code 142C.3(2)
Why use a Fishing, Hunting and Fur Harvesting license?
A fishing and hunting license has to be renewed annually verses a driver’s license that is renewed every eight years. This provides a regular opportunity to make a decision on organ donation. This is a new offering that was made possible in 2019 when the Iowa legislature passed Logan’s Law.
Logan’s Law allows for a donor to register when getting a fishing, hunting or fur harvesting license in the State of Iowa. Logan was 15-years old when he died tragically in an ATV accident. When he was 14, he elected to be an organ donor on his minor driver’s license. His organs were used to improve the lives of many people and provided a way for Logan’s parents to see him live on. To learn more about the heartwarming story behind Logan’s Law, check out the Iowa Department of Natural Resources’ webpage here.
The Iowa Donor Registry
Another option to make your donation known is to register with the Iowa Donor Network. It is a nonprofit organization that manages the State of Iowa Donor Registry. If you have indicated on any of the three State of Iowa issued cards above, you are already in the Iowa Donor Registry. If you do not have a yes or no for organ donation on your state-issued card, it is recommended to register on the Iowa Donor Registry. Register at https://www.iowadonornetwork.org/
A Health Care Power of Attorney can authorize an organ donation
Electing to be a donor via a Health Care Power of Attorney is not the most common method, but it is a legally enforceable way to make an organ donation. A Health Care Power of Attorney is a signed legal document that can include your instructions for organ donation.
Living Will
Most Health Care Power of Attorney forms include a Living Will and your decision about organ donation. By completing a Health Care Power of Attorney, you are nominating a person to make medical decisions on your behalf if your attending physician determines you are unable to make your own health care decisions.
A Living Will can be a separate section of a Health Care Power of Attorney or can be a completely separate document. A Living Will is a written document where you have declared your wishes for terminating life support. If the document uses the Iowa statutory language, it will include the following statement: “If I have an incurable or irreversible condition that will result either in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery, it is my desire that my life not be prolonged by the administration of life-sustaining procedures. If I am unable to participate in my health care decisions, I direct my attending physician to withhold or withdraw life-sustaining procedures that merely prolong the dying process and are not necessary to my comfort or freedom from pain”. Your agent is required to follow your wishes to authorize your physician to act consistent with your Living Will.
In simpler terms, a Living Will give instructions to your healthcare providers about when to stop or not start certain medical treatments if you cannot communicate your wishes. It may be referred to as a “pull the plug” provision because it addresses when medical treatment is life support or aggressive with no hope of recovery. A Living Will ensures your instructions are carried out when you are not able to communicate them.
Source: Iowa Code 144A
Healthcare Power of Attorney
If you do not have a Living Will and have a Healthcare Power of Attorney, your appointed person is authorized to act consistent with the power stated in the document.
If the document uses the Iowa statutory language, it will include the following statement: “This document gives my agent power to make health care decisions on my behalf, including to consent, to refuse to consent, or to withdraw consent to the provisions of any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition.
Source: Iowa Code 144B
If you are interested in a obtaining a Health care Power of Attorney and Living Will, contact Hope Wood JD .
When you don’t want to donate organs
Organ donation is a personal decision and your wishes should be honored. Be sure to indicate “no” whenever the question is asked on a State of Iowa application. You can also execute a signed document using the language and legal process described in Iowa Code 142C.3(4) .
Note: If your driver’s license, state-issued identification, or hunting and fishing license is revoked, expired, cancelled or suspended, it does not revoke your declaration about organ donation.
When you want to donate your whole body
Donating your body to scientific research is a generous way to contribute to science and the advancement of medical training and research. However, this cannot be accomplished by registering to become a donor alone. If you want to donate your body to a medical school or some other institution authorized to receive anatomical donation, you have to apply during your lifetime. Contact the institution where you want to make a gift and obtain an application. Body donation programs may have requirements and eligibility standards that need to be met before they are able to accept your body donation.
The two medical schools in Iowa have their own process and their information as of the publication of this blog is below.
University of Iowa Health Care, Carver School of Medicine - Deeded body Program
Des Moines University Medicine & Health Sciences - Body Donor Program
Other end of life decisions
Do not Resuscitate (DNR)
A DNR Order is prepared with you by your doctor. You can include instructions to not resuscitate in your healthcare power of attorney but often times you don’t know if the situation necessitates a DNR. If you are healthy and in a car accident which results in critical care, you may want to be resuscitated.
If you have a terminal condition, you should complete an Iowa Physician Orders for Scope of Treatment which includes a DNR option. This document has to be signed by you and a physician, advanced registered nurse practitioner or physician assistant. Find information and download the IPOST form here.
Disposition of body and funeral decisions
In Iowa, you cannot use a Last Will and Testament to legally bind your loved ones to follow your desired burial plans. If you have specific disposition plans and do not want to leave it to chance that your loved ones won’t follow them, there are a few options. Iowa has a Power of Attorney form to designate a person you trust to make funeral and burial decisions. In addition, if you have a burial agreement with a funeral home or cemetery, then that agreement has the enforceability of a contract and your wishes would be honored.
Source: Iowa Code 144C.6
Hope Wood JD is here to help
As a part of our Will in a Day®, Revocable Trust package, or as a stand-alone appointment, the Health Care Power of Attorney document is an essential part of our estate planning tool kit. It appoints someone to make medical decisions on your behalf if you are ever unable to do so.
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