Organ Donation in England and Wales: What You Need to Know!

While planning for the future often includes things like writing a Will or arranging a Lasting Power of Attorney, organ donation is something that’s frequently forgotten. But it’s actually a really important part of the conversation, especially since the rules around it have changed in recent years.

So, What’s the Deal with Organ Donation Now?

In England and Wales, we now have an opt-out system. That means unless you’ve said otherwise, it’s assumed you’re happy to donate your organs when you die.

This change came in a few years ago and is often called “Max and Keira’s Law”, named after a young donor and the boy who received her heart. It’s a powerful story, and it helped bring about a big shift in how organ donation works.

Who Does This Apply To?

The opt-out system applies to most adults who:

  • Are 18 or over
  • Have lived in England or Wales for at least a year
  • Have the mental capacity to make the decision

If that’s you, and you haven’t opted out, you’re considered a potential donor.

But Wait — Can My Family Still Decide?

Yes, absolutely. Even though the law assumes you’re okay with donating, your family will always be asked first. If they don’t know what you wanted, they might say no which is why it’s so important to have that chat with them.

How Do I Opt Out (or In)?

If you don’t want to donate, it’s super easy to opt out. Just head to the NHS Organ Donation website and record your decision.

And if you’re happy to donate, you can still register your choice and even say which organs you’re okay with donating. It’s all about making your wishes clear.

Why This Matters When You’re Planning Ahead

As someone who helps people with wills and estate planning, I always say: it’s not just about money and property. It’s about making sure your wishes, all of them, are known and respected.

You can include your organ donation preferences in a Letter of Wishes, in your Will or just bring it up when we’re going through your planning. It’s one more way to make things easier for your loved ones later on.

Final Thoughts

Whether you want to donate or not, the most important thing is to make a decision, and tell your family. It’s a small step that can make a huge difference.If you’re not sure how to include this in your planning, I’m here to help.

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