Many Montana residents are currently waiting for donated organs. To be part of the solution to the ongoing need for donated organs and tissues, take the following steps to become a donor after your death.
1. Sign Up at the Montana Organ Donor Registry
To confirm your intention to be an organ donor, begin by registering with the state organ donor database at Donate Life Today. It takes just a few minutes to register online. After your death, medical personnel will search the state donor registry and easily locate your wish to be a donor.
2. Use Your Montana Driver’s License to Show You Are an Organ Donor
When you get a new driver’s license in Montana, you will be asked whether you would like to be an organ and tissue donor. If you say yes, a red heart and the word “DONOR” will appear on the front of your license, and your MVD record will be updated to reflect your choice. For more information, see the website of the Motor Vehicle Division of the Montana Department of Justice.
3. Include Organ Donation in Your Durable Power of Attorney for Health Care
In addition to signing up with the Montana organ donor registry and using your driver’s license to indicate that you want to be an organ donor, it’s a good idea to include your desire to donate in your important estate planning documents, especially your durable power of attorney for health care. (It’s not always helpful to include your organ donation wishes in your will, because it may not be found and read until it is too late to donate.) Covering these bases helps to ensure that your wishes will be known and followed.
For additional information, see Montana Living Wills and Durable Powers of Attorney for Health Care: What You Need to Know.
4. Tell Others That You Are an Organ Donor
If you’ve documented your wishes to be an organ and tissue donor, your wishes must be honored whether or not others agree with your choice. (Montana Code Annotated § 72-17-201(13).) Nevertheless, to avoid confusion or delays, it’s important to tell others that you feel strongly about donating your organs. Consider discussing the matter with family members, your health care providers, your clergyperson if you have one, and close friends.
If you don’t document your intention to be an organ donor, these conversations are critical, because your next of kin will make the decision about whether or not to donate your organs. (See below.)
How to Donate Your Whole Body in Montana
Many medical schools and other institutions seek donations of whole bodies for research and instruction. You can make arrangements to donate your body to science by directly contacting an interested medical school or whole body donation organization.
For more information about donating your body to science in Montana, you may contact one of the programs on this list of body donation programs in the United States. You can also contact a national whole body donation organization such as the Life Legacy Foundation.
If You Don’t Want to Be an Organ Donor in Montana
If for any reason you feel strongly that you do not want to be an organ donor, you should put those wishes in writing. If you don’t, your family members may consent to the donation of your organs after your death.
Write down your instructions in a signed, dated document -- perhaps in your health care power of attorney -- and be sure your family and health care providers know that you choose not to be an organ donor. If they know of your wishes, they are legally barred from donating any part of your body. (Montana Code Annotated § 72-17-201(14).)
If You Don’t Make the Decision, Who Will?
If you don’t leave instructions about organ donation, Montana law decides who will make the decision for you after your death. When a minor dies, the right to decide about organ donation goes to the child’s parents. For adults, the right goes to the following people, in order:
- your health care agent, if you appointed one, unless the appointing document explicitly withholds this power
- your spouse
- your adult child
- your parent
- your adult sibling
- your adult grandchildren
- your grandparent
- your “guardian of the person” at the time of your death, or
- any other person who has the authority to handle the disposition of your body.
If you have any concerns that the right to make decisions about donating your organs would go to a person other than the one you would choose, don’t procrastinate: Take the time to document your own decision about organ donation.
For More Information
To learn more about organ donation, see the website of the U.S. Department of Health and Human Services at OrganDonor.gov.
Also, learn more estate planning, organ donation, funerals, and memorials on the Getting Your Affairs in Order section of Nolo.com.