Organ Donation and Estate Planning: How to Protect Your Medical Wishes Before It’s Too Late
When most people think of estate planning, they picture wills, trusts, and who gets what. But one of the most important parts of your plan isn’t about money at all—it’s about what happens to you when you’re unable to speak for yourself.
A recent federal investigation revealed a chilling reality: in dozens of cases, patients showed signs of life even as doctors prepared to remove their organs. Without clear instructions and legal protection, families and hospital staff are often left to make traumatic decisions in moments of extreme pressure.
At Starsia Law, we believe that no one should have to make life-or-death decisions for you without knowing what you would want. In this post, we’ll explain how Life & Legacy Planning® ensures that your voice is heard—before it’s too late.
When Organ Donation Goes Wrong
In June 2025, The New York Times reported on the near-death experience of Anthony Thomas Hoover II, whose family made the heartbreaking decision to end life support and donate his organs after an overdose in 2021. But just as doctors prepared to proceed, Hoover woke up—crying, moving, and visibly alert.
His survival came down to one doctor stepping in at the last moment. Hoover lived, but sustained neurological damage.
And it wasn’t an isolated case. A federal review flagged 73 cases where patients showed signs of consciousness during organ procurement. Some survived. Many did not. Few had clearly documented their medical wishes.
Without proper planning, hospitals default to state laws and policies. That means you may not have the final say—and your family may be forced to decide without clear guidance, under enormous emotional pressure.
What Happens If You Don’t Have a Plan
If you haven’t documented your medical wishes or legally named someone to make decisions for you, here’s what typically happens:
Hospitals check your license for organ donor status or look for advance directives in your records.
If nothing is found, they follow state law to determine who can make decisions—usually starting with your spouse, then adult children, parents, or siblings.
In emergency situations, decisions must be made quickly, often with incomplete or outdated information.
But what if you're estranged from your spouse? What if your children disagree? Or what if the person the state chooses doesn’t understand your values?
Without a plan, your loved ones may face excruciating choices—and never know whether they did the right thing.
The Essential Documents That Speak for You
A proper plan includes a set of legal tools that work together to protect your voice and guide your loved ones. Here’s what we’ll create together when you work with me:
✅ Living Will
Clearly outlines your preferences for life-sustaining treatment like ventilation, resuscitation, and artificial nutrition—so your family and medical team know your wishes.
✅ Durable Power of Attorney for Healthcare
Names a trusted person to make medical decisions for you if you can’t. This is your healthcare proxy—the one who will advocate for you.
✅ HIPAA Authorization
Grants your healthcare agent access to your medical information. Without this, even your closest family may be blocked from receiving updates.
✅ Organ Donation Instructions
While most people just check a box on their license, we go further. We include clear, customized instructions about your organ donation preferences—so there’s no confusion or room for misinterpretation.
These documents are critical—but by themselves, they aren’t enough.
Why Documents Alone Don’t Protect You
Even perfectly drafted documents can fail if:
They’re out of date
Your family doesn’t know where to find them
The person named is unavailable or no longer a good fit
You haven’t talked to your loved ones about your wishes
In a real emergency, your family won’t have time to search for paperwork or guess what you would have wanted. That’s why, at Starsia Law, we go beyond forms. Our Life & Legacy Planning® process ensures everything works when and how it needs to.
We also help you start the conversation—so your loved ones aren’t just legally empowered, but emotionally prepared.
A Real Plan. Real Support. Real Peace of Mind.
This isn’t just about checking boxes. It’s about making sure your voice is heard, your choices are honored, and your family has the support they need—during one of the most vulnerable moments of their lives.
When you work with me, I don’t just create documents. I become your Personal Family Lawyer®, someone who knows you, your values, and your intentions—and who will be there for your family if the unthinkable happens.
If I’m ever unavailable, I have systems and trusted colleagues in place to make sure your loved ones always have someone they can count on.
Take the First Step Toward Protecting Yourself and Your Family
If the idea of someone making irreversible decisions about your body without your consent makes you uneasy—you’re not alone.
These tragedies are preventable. With the right plan, your medical wishes will be known, your loved ones will feel confident, and no one will ever have to wonder if they made the right decision for you.
Schedule your complimentary 15-minute discovery call today to create a plan that protects your voice—and your peace of mind.
This article is a service of Starsia Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.