Opt-out forms for organ 'robbery'

last SG · 2007-02-11T22:34:26+00:00

go read HOTA.. btw, this is an administrative asswipe in the hospital being an.. asswipe.. i know it's hard for people not to, but try not to politicise it?

foomwee88 SG

Why u pick on me only!!!

No name calling oh!!

U can ban me but dont insult!!!

fymk SG

Originally posted by oxford mushroom:

No. You have misunderstood the law. What you quoted relates to an opt out clause (to register an objection tpo organ donation) that can be made either by the deceased person or if the person was not legally competent to make such a decision (a minor or mentally handicapped), his legal guardian. His relatives are not necessarily his legal guardians and someone who is legally competent to handle his affairs will not have one. That is also true in Singapore.

Please note also that the declaration to opt out has to be made before the person has been proclaimed brain dead. His legal guardian (even if he has one) [b]cannot opt out after brain death has been certified.[/b]

Not misunderstood . I think you are the one who misundertood me

To prevent our organs from being removed in Singapore - u need a witness and a copy of your NRIC as well as acknowledgment from HOTA.

To prevent my organ from being removed in Austria - I just need to have a statement - no witness required together with my ID. If I am Austrian , I could stick a no organ donation on my ID and still have it legally enforced.

Now as for legal guardianship and brain stem death in Austria - It's hard opt in but not as stringent as Singapore.

oxford mushroom SG

No issue with the above.

My objection relates to this statement of yours:
'Therefore legal guardians have a right to object still as long as it is prior to the person's death. After all it is prior to the utter demise of the poor soul when the doctor asks his family to consider donation .'

First, there is a difference between relatives and legal guardians, as I have mentioned. Not every relative is a legal guardian or vice versa. Secondly, legal guardians, who have the legal right to make decisions on behalf of the patient, can only make a declaration to refuse organ donation BEFORE the certification of brain death. Once brain death is certified, such a declaration cannot be made. Third, unless one is mentally incompetent or is a minor or is incompetent as a result of illness eg. Alzheimer disease (http://www.alzheimer-europe.org/?lm4=E1714A531042) , most people will not have a legal guardian. This applies to the small number of people in society who are not legally competent to manage their own affairs. A corollary might be someone with power of attorney. You can delegate the power to make legal decisions for you to another person, such as a relative. In the case of organ donation, you can grant a relative or trusted friend durable power of attorney. In the event that you fall into a coma (bit not yet brain dead), he or she can make the decision for you and opt out of organ donation or request that the ventilator be turned off etc...Of course, if you opt out now, you won't have to worry about that in future.

In summary, the opt out system in Austria is very similar to that in Singapore. Relatives in Austria do not have the right to object to organ donation in the event of a brain dead patient who had not previously made a declaration to opt out.

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