Cadaveric Confusion: Conflicts Between Whole Body Donation and Family Wishes

Date

2019

Authors

Jones, Clinton

Journal Title

Journal ISSN

Volume Title

Publisher

Estate Planning and Community Property Law Journal

Abstract

This Comment will first examine the historical foundation of anatomical donation and how this history has led to our modern statutory scheme relating to anatomical gifts. This Comment will then discuss conflicts that arose out of the common law before statutory body donation became widespread. Finally, this Comment will focus on conflicts that arise between a decedent’s wishes when it comes to the donation of their body and the conflicting wishes of their family members. In particular, this Comment will examine body donation conflicts that arise under state anatomical gift acts, focusing on Texas, and how those conflicts often run counter to the wishes of the deceased. Finally, this Comment will offer the reader guidance in navigating the contentious legal landscape of body donations.

Description

Keywords

Whole body donation, Body donation, Uniform Anatomical Gift Act, Texas Anatomical Gift Act, Family wishes, Estate planning, Cadavers

Citation

11 Est. Plan. & Cmty. Prop. L. J. 387