[WSBAPT] Posthumous Tissue Collection

[Heather deVrieze]

I already, where appropriate, include the following in the medical powers of attorney that I prepare:

Post Death Authority. My Agent is authorized to make or refuse to make anatomical gifts, direct disposition of my remains and authorize or refuse to authorize an autopsy.


I don't think it is much of a stretch to include reproductive tissue more specifically.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Wendy Malkin
Sent: Thursday, November 19, 2015 10:09 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Posthumous Tissue Collection

Hi Listserv,

I am preparing basic estate planning documents for a newly married couple who do not yet have children.  They would like to include a provision that allows either of them to collect reproductive tissue from the other if the other has an untimely death.  One of the clients is a neurology nurse, and she has some experience with families making such requests without prior consent.

I did a bit of research (law review articles and hospital brochures/policies) to prepare the following consent language:

Posthumous Tissue Collection
I consent to the posthumous collection of my reproductive tissue for personal use by my spouse.  I authorize my spouse to request the posthumous collection of my reproductive tissue.  If my spouse makes such a request, I hope that her/his wishes are honored.  I authorize my spouse to use my reproductive tissue for posthumous reproduction.

My questions:

1.       Is the consent language clear?

2.       In which document should it be included (with my current level of knowledge, I plan to include it in the will, health care directive, and health care power of attorney)?

3.       Will hospitals in the Seattle area honor the consent language?  This is the big question.

I appreciate any advice on this matter.

Thanks,
Wendy

Law Office of Wendy Malkin, PLLC
1734 NW Market Street
Seattle, WA 98107
206-735-3177

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