Organ Donation

USLegalWills.com is dedicated to providing services related to advance directives, including specifying your organ donation wishes in the MyFuneral™ service.  Below are some questions and answers related to organ donation.

What exactly is organ donation?

Many of your internal organs are still functional after you have died. Organ donation is a process to surgically remove useful organs after you have died, and pass these to recipients who are otherwise healthy, but need a particular functional organ. In North America alone over 50 people receive organs each day but there are currently tens of thousands of patients waiting to receive functional organs. Often these people are in life threatening conditions.

Will I qualify to be a donor?

Any adult can express a desire to donate their organs after they have died. Whether or not the organs are donated is determined on a case by case basis at the time of death. There are no age restrictions, or health restrictions on expressing this desire. Many elderly people have been successful donors, and children can also donate with parental consent. If you support the principle of organ donation you should not be discouraged based on your personal health or condition. The suitability of your organs for a specific recipient will be determined by medical practitioners, based on known information, a series of tests and the characteristics of the recipients waiting for organs.

How will people know that I want to donate my organs?

It is extremely important to notify your loved ones of your desire to donate organs. You can at a minimum indicate this desire on your driver's license or by carrying an organ donor card. Expressing this intent in your Last Will and Testament is impractical, as most donations will need to be carried out well in advance of your Will being located and read.

By stating your desire to donate organs in the MyFuneral™ service here at USLegalWills.com, you will be making your designated personal "Keyholders®" aware of your desire prior to any funeral arrangements being made. By discussing your wishes with your loved ones you will also be making them aware of your intent for organ donation ahead of time. You should also consider carrying a USLegalWills.com wallet card (ordered using the MyWalletCards™ service) so that your specific wishes regarding organ donation can be accessed quickly when required.

What organs can I donate?

Donations can be made of both organs and tissues. The term "tissues" refers to anything that is not considered to be an internal organ. The organs that can be donated are the heart, kidneys, pancreas, lungs, liver and intestines. The tissues that can be donated are the cornea, skin, bone marrow, heart valves and connective tissue. The organs are used to help a recipient with that specific organ failure. The tissues are used to treat blindness, burns, arthritis, heart disease and a number of other congenital defects. For example, heart valves are often used to treat children with defects in their own hearts.

Can I donate my eyes if I wear glasses?

Yes. Even totally blind people can donate their eyes because poor eyesight does not prohibit eye donation. Only the cornea (clear, front part of the eye) is used for corneal transplantation. The sclera (white part of the eye) can be used for research (if you wish) to aid in future treatment of eye diseases.

Do organ donations save lives?

Absolutely. Many organ and tissue donations are used to save a life, while many more are used to enhance lives, such as donations of corneas which offer the gift of sight to a blind person.

What will happen at the time of donation?

First of all, donation will never happen until you are clinically dead. This means that "brain death" must occur --- where the brain is no longer functioning although the function of other organs may be artificially supported. The artificial circulation of blood through the body can sustain organs for some time, although even without this support organ donation can still be performed successfully within a short period of time after death. After the organs and tissues have been removed, many can be stored until a recipient has been identified. Furthermore, different organs have different longevities. For example, corneas are usually transplanted within 24 hours, but some tissues like heart valves can be stored for up to five years before they are used.

Will the donation be successful?

Successful organ donation and organ transplant of the donated organs is not guaranteed, but the attempt at organ donation is sometimes the only immediate option available for a person close to death. Success rates vary for different organs but range between 70 and 90 percent. For example heart transplants are successful in over 80 percent of cases. It is important to note that one person can donate many organs and tissues, and so there is a possibility that a number of people will benefit from a single donor.

Can I donate any of these things before I die?

Some donations can be made while you are living, particularly blood and bone marrow. Relatives or spouses can donate a kidney, a partial liver and a partial lung with a particular recipient in mind. In addition bone can sometimes be donated if you are, for example, having bone removed for hip replacement surgery.

What if I've already decided to donate my body to medical science?

Organ and whole body donation are two separate requests. The donor must decide on whether to donate their whole body to a medical school or whether to donate individual organs at the time of death. Whatever the decision, a donor will receive a donation wallet card that should be carried at all times.

Won't organ donation get in the way of carrying out my funeral arrangements?

Normally, funeral arrangements can be carried out as usual. Once a patient is declared dead, and the family gives their consent, donation is usually completed within 24 hours.

Will I still be able to have a viewing at my funeral ceremony?

Donation does not disfigure the body and does not interfere with funeral plans, including open casket services. Organ donation is a surgical operation and will not disfigure the body in any way.

What does organ donation cost?

The donor's family does not pay for the cost of the organ donation. All costs related to the donation of organs and tissues are paid by the recipient, usually through insurance or health care programs (e.g. Medicare).

What if I have already filled out the organ donation form on my drivers licence? Will my decisions made there take precedence over the decisions I make here in the MyFuneral™ service?

If your organ donation form is signed by yourself and two witnesses it is a legal document in some jurisdictions. However, it is more likely to represent your willingness to donate. If your family vehemently objects to these wishes then it is unlikely that organ donation will occur. It is mandatory to make your wishes clear and unambiguous to your family, which is why the MyFuneral™ service exists. If there is an inconsistency in the expression of your willingness to donate, the decision will rest with your next of kin.

What will I be paid?

You cannot sell human organs and tissues. Contrary to popular myth, there is not a healthy black market in illegally obtained organs. Recipients are not ranked in terms of their ability to pay, only by their medical need and suitability for receiving the organ.

How do I specify my organ donation wishes?

The MyFuneral™ service here at USLegalWills.com will let you specify your organ donation wishes, as well as make many other decisions regarding your funeral and other arrangements after you have passed away.  It is important that you document these wishes so that they can be communicated to your survivors when the time is right.

Does it matter where I live?

Services such as MyFuneral™, MyLifeLocker™, MyVault™, and MyMessages™ do not create legal documents and make no assumptions about your country of residence. 

We have worked extensively with lawyers in the United States to ensure that the legal documents created by the MyWill™, MyExpatWill™, MyPowerOfAttorney™ and MyLivingWill™ services are up to date with the laws in all of the states in the United States, including: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin, and Wyoming.  Hence, our services can be used to generate legal documents in any state in the United States with the exception of Louisiana.

If you have any doubts about the legal standing of any documents in your jurisdiction, feel free to seek legal counsel in your area to have your documents reviewed.

How It Works

When you create a Will or legal document at LegalWills, you can designate up to 20 different Keyholders®. Your chosen Keyholders® will be given the trust and power to unlock specific information within your account such as health care directives, funeral wishes, final messages, uploaded files, Power of Attorney, or Last Will and Testament.

You can also implement security mechanisms to prevent premature access to these documents. The entire process of creating your Will and other legal documents at LegalWills is seamless and iterative, meaning you can continue to make changes until you're happy with the final product.

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Entrust up to 20 individuals to unlock your wishes when the time is right.

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Make any changes to your documents using our online service.

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When the time is right, your selected Keyholders® will have the ability to unlock your wishes.

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When the time comes and your Keyholders® request access to your documents, your wishes will be entrusted in their hands.

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Frequently Asked Questions

There is no requirement to use the services of a lawyer or notary public to prepare your own estate planning documents, including your Last Will and Testament.

The law that defines the legality of a Will is written specifically for each Province, State and Country, but in summary the law requires that the Will is written on a piece of paper and signed in the presence of two witnesses who cannot be beneficiaries to the Will.

Lawyers can certainly help you to prepare your Will, but everybody has a legal right to write their own Will. If you create a document using our service, it must be printed, signed and witnessed according to our instructions, and then it becomes a legal Last Will and Testament.
Quite simply, because we do not provide you with legal advice.

We are giving you direct access to the same software that lawyers use to prepare their documents, but you are doing it yourself. However, if you need custom clauses written to cover an unusual situation, we cannot do that, and we recommend that you seek legal advice. For example, if you have a child with special needs, they would need a trust written for their inheritance. We don't do that.

In most cases, a document written using our service will be word-for-word identical to one prepared by a lawyer.

For a more thorough explanation, please read our blog article: How much does a Will cost? And why?.

There are no other payments required to prepare your legal Will. You can have a legal Will in your hands for $49.95USD with nothing else to pay, ever.

What other options are there?
If you wish, you can have your Will reviewed by one of our lawyers for $69.00USD. Most people do not need this, and would not benefit from it, but if you have selected an option such as "None of the above. Let me describe in detail how to distribute my estate.", then you may want to consider this.

Your Will must first be printed, and then signed in the presence of two witnesses. If you do not have access to a printer, we can print it for you and mail it out. The cost for this is $9.95USD, but again, most people do not need this option.

We also offer other services like MyLifeLocker™, a Financial Power of Attorney, and a Living Will. They are not required, but they may be useful to you depending on your situation.

What about document storage?
We do not store physical documents, but we allow you to maintain an account with us if you want to update your document in the future.

The Will service costs $49.95USD. With this payment, you are able to prepare your Will. It also gives you one year of unlimited updates to the document. You are able to print the document as often as you wish during that first year. You can download it as a PDF or Word file, but to make your document a legal Will, it must first be printed, and then signed in the presence of two witnesses. The online version is there for your convenience only.

If you choose not to maintain an account with us after the first year, your initial payment is all you will ever pay. We do not keep credit card details on file and cannot automatically charge beyond this initial payment.

If you wish, you can choose to store your documents online for longer than a year, which will make it easier to make updates in the future to reflect any changes in your personal or financial situation (rather than returning to a lawyer each time). This is of course optional, but it does make the process of maintaining your document more convenient. $11.95USD will give you one additional year of updates, or you can purchase multiple years: 5 years at $29.95USD, 10 years at $39.95USD, 25 years at $79.95USD ($3.20USD per year).

Every time you make an update to your Will, it must first be printed, and then signed in the presence of two witnesses again. If you choose not to maintain an account with us, you will always have your printed, signed document. If you don't need to make changes to that document, it will last you for the rest of your life, whether or not you have an account with us.

What happens if I don't maintain an account, and then in a few years I need to update it?
If your account has not been touched in years, and it is inactive, we reserve the right to remove the account. You will receive an email notification that your account might be removed. However, in practice, we have never actually removed any accounts in our over 24 years of operation.

So, in all likelihood, you will be able to simply login to your account and pay $11.95USD to reactivate it. This will give you one year of unlimited updates from the date of payment. (You will not have to pay for your inactive years.)

Yes.  A Power of Attorney (also known as a Power of Attorney for Finances) and Living Will (also known as a Power of Attorney for Health Care), are very important documents that should be created and updated at the same time as your Will.

This website allows you to create a Will, Expatriate Will, Power of Attorney and Living Will.
Here are just a few differences:

  • We have designed our legal document creation services to be of the best quality available today.   We have evaluated many existing do-it-yourself kits and web-based services, including several of the most popular American legal will kits. We were shocked by the poor quality, limited instructions, and low value for money that many of these do-it-yourself kits provide consumers. 

  • Incredible value for money.   Our membership pricing model allows us to provide you with the most value for your money at prices that are unprecedented in the legal industry. We worked with lawyers to bring you this service, and we paid for their legal services so you don't have to. 

  • Plain language help and instructions.  In addition, all of our services provide you with complete instructions and answer your questions in everyday language, free of legal industry jargon.  We have developed our services based on the requirements of the public, not dictated by the legal profession.  Our wizards, help and information are also designed to be the best on the market and are kept up-to-date on an ongoing basis.  

  • Create your Will from the comfort of your own home.  No lawyer required.  Our unique approach allows you to make use of the ultimate convenience of the Internet to write your Will at your own pace, online, and to make changes online at any time free of charge. 

  • Free unlimited updates.  Don't pay a lawyer every time you need to update your Will. We allow your Will to be kept securely online so that you can make free unlimited updates for as long as you are a member.

  • You can still have it reviewed by a lawyer. We have worked with lawyers in the United States to bring you these services and to ensure that they are of the highest quality. But if you wish, we can still arrange for your documents to be reviewed by one of our lawyers, who will check the documents for consistency and completeness.

  • The Keyholder® Advantage. You can take advantage of our unique messaging service which allows you to describe the exact location of your Will and to provide a detailed list of assets for your Executor. All for no extra charge. When you pass away, let us worry about communicating this information to the people you specify. There is simply no other company that provides such a complete and convenient service to their customers. For more information, read about The Keyholder® Advantage.

  • We employ a strong focus on protecting the privacy and security of your information.  We use industry standard encryption algorithms for storing all of your private information, and the design of our services ensures that the contents of your information are made available to the specific people designated by yourself, and only at the appropriate time. 

  • Keep informed and up to date.  If you wish, we can inform you by email about any changes in legislation which may have occurred in your jurisdiction that may require changes to your Will.  Or we can send you simple email reminders, no more than once a year, to remind you to consider updating your Will if any significant changes have occurred in your life.  

Other websites and do-it-yourself kits simply do not compare.

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