Resolving Conflicts Between Your Estate Plan and Driver’s License in Organ Donation Decisions
When it comes to organ donation and estate planning, clarity is essential. But what happens if your estate planning documents (like a living will or healthcare directive) say one thing and your driver’s license says another? Conflicting instructions can create confusion at the very moment when quick, life-saving decisions must be made. Understanding how such conflicts are resolved—and how to avoid them—can ensure your wishes are honored.
Which Document Controls?
In many states, including Arizona, the decision you make on the state organ donor registry (such as when you register through your driver’s license or state ID) is considered legally binding.
However, conflicts can still create delays. Hospitals and organ procurement organizations often consult families in the donation process, even when the registry decision is binding. If your family is presented with contradictory documents, they may hesitate, creating uncertainty at a critical time. This is why considering both organ donation and estate planning together is so important.
Real-World Example
Suppose your Arizona driver’s license has a donor designation, but the following year you changed your mind, and your healthcare directive (or other legal document) says you do not want to be an organ donor. The problem is you did not update your driver’s license or registry. Under A.R.S. § 36-845, the later signed healthcare directive would likely control, so long as it was signed and witnessed by at least two adults (one disinterested).
Other conflicts may arise between a living will and directives, as well as what is necessary to ensure the medical suitability of the intended donated part. For instance, one may not want certain measures taken that could prolong life, but such measures may be required to preserve organs, highlighting the importance of careful organ donation and estate planning.
Arizona law, specifically A.R.S. § 36-859, provides a framework for resolving such conflicts by prioritizing the determination of the prospective donor’s actual or likely intent. The resolution process involves consultation with the prospective donor’s attending physician, the hospital’s ethics committee or designated representative, and the agent acting under the health care directive, among others. If the conflict cannot be resolved through consultation, the agent under the health care directive or another authorized individual is empowered to make the final decision. During the resolution process, measures necessary to ensure the medical suitability of the part may not be withheld unless contraindicated by appropriate end-of-life care.
Best Practices to Avoid Conflicts in Organ Donation and Estate Planning
To prevent confusion and ensure your wishes are followed:
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Be consistent – Make sure your driver’s license, state registry, and estate planning documents all reflect the same decision.
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Update regularly – If you change your mind, update both your estate plan and your donor registry entry.
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Communicate with loved ones – Talk openly with your family about your wishes. Clear communication reduces the risk of disputes.
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Provide copies – Give your healthcare power of attorney and executor copies of your living will or healthcare directive.
Taking these steps ensures organ donation and estate planning work hand in hand, instead of creating confusion.
The Role of Family
Even when the law is clear, families are often consulted. If your wishes are consistent across all documents and you’ve communicated them, your family is more likely to feel comfortable supporting your decision, avoiding last-minute conflicts. By aligning organ donation and estate planning, you not only provide legal clarity but also emotional reassurance for loved ones.
Final Thought
Conflicts between an estate plan and driver’s license donor designation can create legal and emotional challenges at a critical time. The best way to ensure your wishes are honored is through consistency, communication, and careful planning. By aligning your estate documents with your driver’s license designation and discussing your wishes with loved ones, you can give the gift of life without leaving uncertainty behind. Properly addressing organ donation and estate planning ensures that your legacy of generosity is carried out exactly as you intend.
