Wills, Trusts & Estates Prof Blog

Cemetery in Dave Jones' Locker

A submerged cemetery named Neptune Memorial Reef is located 45 feet under the water off the coast of Key Biscayne, Florida.  The cemetery is complete with gates, pathways, benches, and plaques.

The following is from AP, For sea lovers, a final resting place, CNN.com, May 10, 2008:

The artificial reef's first phase allows for about 850 remains.

The ashes are mixed with cement designed for underwater use and fitted into a mold, which a diver then places and secures into the reef. A copper and bronze plaque is installed with the person's name, date of birth and death. There is also a line for a message. * * *

The cost of a placement starts at $995 and can go to $6,495, for those who want to be placed inside the base of a lion statue for all eternity.

Alkaline Hydrolysis -- A Better Way of Body Disposition?

Cremation and burial may be so yesterday if alkaline hydrolysis becomes popular.  Using this process, lye is used to dissolve the body into a brown syrup which can then be poured down the drain.

Here are some excerpts from Norma Love, New idea in mortuary science: Dissolving bodies with lye, AP, May 8, 2008:

The process * * * was developed in this country 16 years ago to get rid of animal carcasses. It uses lye, 300-degree heat and 60 pounds of pressure per square inch to destroy bodies in big stainless-steel cylinders that are similar to pressure cookers.

No funeral homes in the U.S. — or anywhere else in the world, as far as the equipment manufacturer knows — offer it. In fact, only two U.S. medical centers use it on human bodies, and only on cadavers donated for research.

But because of its environmental advantages, some in the funeral industry say it could someday rival burial and cremation. * * *

Getting the public to accept a process that strikes some as ghastly may be the biggest challenge. Psychopaths and dictators have used acid or lye to torture or erase their victims, and legislation to make alkaline hydrolysis available to the public in New York state was branded "Hannibal Lecter's bill" in a play on the sponsor's name — Sen. Kemp Hannon — and the movie character's sadism.

Alkaline hydrolysis is legal in Minnesota and in New Hampshire, where a Manchester funeral director is pushing to offer it. But he has yet to line up the necessary regulatory approvals, and some New Hampshire lawmakers want to repeal the little-noticed 2006 state law legalizing it. * * *

In addition to the liquid, the process leaves a dry bone residue similar in appearance and volume to cremated remains. It could be returned to the family in an urn or buried in a cemetery.

The coffee-colored liquid has the consistency of motor oil and a strong ammonia smell. But proponents say it is sterile and can, in most cases, be safely poured down the drain, provided the operation has the necessary permits.

Alkaline hydrolysis doesn't take up as much space in cemeteries as burial. And the process could ease concerns about crematorium emissions, including carbon dioxide as well as mercury from silver dental fillings.

Cemeteries prevail over Kansas City Airport

An ongoing fight between the Kansas City International Airport and relatives of individuals buried in homestead cemeteries which are in the path of proposed airport expansion has recently been resolved.

According to Glenn E. Rice and John Shultz, Platte County judge halts city’s plan to relocate KCI grave sites, Kansas City Star, April 18, 2008:

A Platte County judge has ruled that four homestead cemeteries near Kansas City International Airport will remain intact and not be disturbed to make way for economic development.

Kansas City officials had sought a court order to move the graves from those cemeteries to a five-acre site near Tiffany Springs Park.

Circuit Court Judge Abe Shafer ruled Thursday that among other things, the city “failed to demonstrate good cause for the disinterment and movement of the individual remains.” The city also failed to provide evidence that the public would benefit from moving the graves. * * *

Kansas City Aviation Director Mark Van Loh said they were disappointed in the ruling because the city had planned to consolidate the cemeteries, which are often vandalized and used for illegal dumping. Van Loh said they would proceed with plans to build fences around the cemeteries.  * * *

The court appointed Platte City attorney Robert H. Shaw to represent any unknown dead. In his ruling signed Thursday, Shafer also blocked the city from disturbing or disinterring any remains located “in, around and in the vicinity of the cemeteries.”

Organ Donation -- Should Need or Willingness to Donate Control?

The debate continues to rage regarding the basis on which scare organs should be allocated to patients needing them.

One view, such as that advanced by LifeSharers, is that individuals willing to donate organs should have priority to receive organs.  Because of our system of presumed non-consent to organ donation, there is a large shortage of organs for transplantation.  There is an inherent fairness in having organs made available first to individuals who have indicated their willingness to donate their own organs.

On the hand, some individuals believe that willingness to save others is irrelevant that the need should be the sole criteria.  See Editorial, Need should govern who gets transplants, News-Record (Greensboro, N.C.), April 24, 2008, claiming that the willingness to donate causes that person to be "regarded as more deserving of a heart, lungs, liver or some other organ — and therefore more deserving of a chance to live — solely because he or she promised to return the favor if the circumstances were different."

Girlfriend Upset at Boyfriend's Anti-Organ Donor Stand

The following discussion is from an advice column in the Washington Post.  See Carolyn Hax, Organ Donation Quandary, Washington Post, May 5, 2008:

Just found out my boyfriend, whom I am thinking of a future with, is not an organ donor. He doesn't have any religious beliefs to speak of but said he would like to be buried whole.

I lost my lifelong best friend as she waited for an organ donation that never came. Do I have the right to broach such an intensely personal decision with my boyfriend? * * *

This isn't a deal-breaker for me, I don't think. But it is something I want to discuss with him.

[Answer]  Absolutely you can raise this issue, and I hope you do. It is intensely personal, and you can start by acknowledging that -- but it's also a public health issue. Not to mention, you're close to the point of pondering marriage, so personal questions aren't just permissible, they're necessary.  * * *

Does he think it's morally consistent to live knowing that the medical safety net of donated organs is there for him, and that he's willing to avail himself of it, but not contribute to it himself?

Pabst Blue Ribbon Casket

Showing his undying love for his favorite brew (Pabst Blue Ribbon), Bill Bramanti of South Chicago has obtained a custom-made beer can casket.

According to AP, Illinois Man Orders Custom Beer-Can Coffin, CBS13.com, May 4, 2008:

He threw a party Saturday [May 3, 2008] for friends and filled his silver coffin -- designed in Pabst's colors of red, white and blue -- with ice and his favorite brew. * * *

Bramanti ordered the casket from Panozzo Bros. Funeral Home in Chicago Heights, and Scott Sign Co. of Chicago Heights designed the beer can.

LifeSharers opens New Zealand Chapter

"LifeSharers is a non-profit national network of organ donors.  LifeSharers members promise to donate upon their death, and they give fellow members first access to their organs."

Recently, LifeSharers has formed a chapter in New Zealand.  Here is an excerpt from Innovative New Service to Increase Organ Donors, Scoop Health, May 1 2008:

An ‘innovative’ new healthcare solution to help increase the number of organ donors in New Zealand was launched from Parliament today.

Andy Tookey of Givelife NZ, a campaign for reform to the organ donation system, held a press conference in Parliament’s West Wing Foyer this morning to launch ‘LifeSharers.’

LifeSharers is New Zealand’s ONLY organ donor register and it gives a POWERFUL incentive to join the register.

LifeSharers members direct that their organs should be offered first to other registered organ donors. * * *

Membership is Free and everyone is welcome to join. There are no medical constraints to joining.

Only 42% of drivers have ‘donor’ on their licence, and around half of potential donors in Intensive Care Units do not become donors due to objection by themselves or their families.

“I would anticipate that 99% of the population would say ‘yes’ to receiving an organ if it were to save theirs, or their children’s life, yet only 42% have put donor on their driving licence.

Remember, without organ donors there are no recipients either.” Says Tookey.

Eco-Exits

Happy Belated Earth Day!

Although Earth Day was last week (April 22, 2008), I thought I would remind readers that they can "die green" as well as "live green."

Here are a few excerpts from Regan McTarsney, Green funerals make for eco-exits, Breitbard.com, April 20, 2008:

Cardboard coffins, clothes sewn from natural fibers, a burial plot in a natural setting. Green funerals attempt to be eco-friendly at every stage.  * * *

Britain has been a world leader in eco-friendly funerals for years and a source of green burial products and ideas for countries like the United States, where the trend is just starting to catch on. * * *

Special thanks to Andrew D. Vaughn (J.D. 2008, Texas Tech University School of Law) for bringing this article to my attention.

What will your body do when "you" are gone?

Maggie Koerth-Baker has compiled a list of things you (or, more accurately, your corpse) may do after you die.

Here is the list -- for the details, see Things your body can do after you die, CNN.com, April 30, 2008:

1. Get married
2. Unwind with a few friends (mummy unwrapping parties)
3. Tour the globe as a scandalous work of art
4. Fuel a city
5. Get sold, chop shop style
6. Become a Soviet tourist attraction
7. Snuggle up with your stalker
8. Don't spread an epidemic
9. Stand trial
10. Stave off freezer burn

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.

Israel Acts to Increase Organ Donation

The Knesset has recently approved two laws aimed at increasing the number of organ donations made by the citizens of Israel.

The following is from Amnon Meranda, Knesset approves organ donation law, Ynetnews.com, March 25, 2008:

The first law on brain and respiratory death states that brain death would be defined as death with all its implications. * * *

The issue of defining the time of death was raised in an attempt to encourage the religious public to donate organs. Members of the Knesset's Labor, Welfare and Health Committee sought to reach an agreement with the Chief Rabbinate and rabbinical religious authorities on a definition of the donor's death.

MK Otniel Schneller * * * the bill's initiator, held negotiations over the past few months with different elements in the haredi world and among the religious public before reaching the historic agreement that led to the formation of a law defining brain death.

According to the law, the time of brain-respiratory death will be in a situation when the person is proclaimed dead by two certified doctors, according to fixed parameters (no blood pressure, failure to breathe without need for life support, no response from the pupils and an absence of other reflexes). * * *

The [second] new law states that a living person who donated his organs will receive the status of a chronic patient after the donation is made, and will not have to pay the self-participation fee for any medical service resulting from the donation, in addition to NIS 18,000 (about $5,100) in compensation from the State.

In addition, the donor will be entitled to a recovery of expenses for psychological treatment and a recovery leave, and will receive a merit certificate from the State. The donor will also be exempted from paying the entrance fee to nature reserves and national parks. * * *

The law includes an innovative clause giving preference to people who sign the donor card should they be in need of an organ transplant in the future.

Note that this latter provision matches the philosophy behind the LifeSharers organization in the United States.

Regulation of the Cremation Industry

As the rate of people selecting cremation over burial increases (now approximately one-third), the need to regulate the industry is increasing.

The following is from Chris Joyner, Cremation industry awaits tougher controls, USA Today, April 20, 2008:

The last thing most industries want is increased government regulation. But that's exactly what the Cremation Association of North America is advocating.

Currently 12 states — Arizona, California, Georgia, Illinois, Louisiana, Nebraska, New Hampshire, New York, North Carolina, South Carolina, Texas and West Virginia — regulate cremation, at a time when more people are choosing the service, said Mike Nicodemus, chairman of the association's operator certification program. * * *

Nicodemus said the majority of operators are honest, but the dishonest ones hurt the industry and tougher regulations are the only way to root them out. "We know that people with regulation in their state are held to a higher standard," he said. "The girl that cuts my hair has to jump through more hoops than my crematory operator does," he added.

Canadian same-sex marriage entitled to recognition in New York

A marriage contacted in Canada by a same-sex couple is entitled to recognition in New York because is it neither contrary to New York positive law nor prohibited by natural law as are polygamous or incestuous marriages.

See Martinez v. County of Monroe, 850 N.Y.S.2d 740 (N.Y. App. Div. 2008); accord, Beth R. V. Donna M., 853 N.Y.S.2d 501 (N.Y. Sup. Ct. 2008).

Man Declared Brain Dead Now Feeling "Pretty Good"

Zach Dunlap was in a serious automobile accident.

On November 19, 2007, Zach was declared brain dead at a hospital in Wichita Falls, Texas.

His family then authorized the donation of his organs.

According to AP, Man declared dead, says he feels 'pretty good,' CNN.com, March 24, 2008:

As family members were paying their last respects, he moved his foot and hand. He reacted to a pocketknife scraped across his foot and to pressure applied under a fingernail. After 48 days in the hospital, he was allowed to return home, where he continues to work on his recovery. * * *

Dunlap, 21, of Frederick, Oklahoma, said he has no recollection of the crash.

Dunlap said one thing he does remember is hearing the doctors pronounce him dead.  * * *

His father, Doug, said he saw the results of the brain scan.

"There was no activity at all, no blood flow at all."

Events like this are one of the reasons individuals are leery of consenting to organ donations.  One might wonder if someone was waiting in the wings for Zach's organs and whether the brain scan machine was properly connected.

State Advance Directive Forms – Greater Uniformity Needed

Werner Gruber (Notes Editor 2007-2008, The Elder Law Journal; J.D. Candidate 2008, University of Illinois at Urbana-Champaign) has recently published his Note entitled Life and Death on Your Terms: The Advance Directives Dilemma and What Should Be Done in the Wake of the Schiavo Case, 15 Elder L.J. 503 (2007).

Here is the introductory paragraph to his Note:

In early 2005 the story of Terry Schiavo dominated newscasts around the world. The Schiavo story sparked debate and discussion about end-of-life treatment, including the religious and moral implications of advance directives. Advance directives are legal documents that allow a patient to convey their end-of-life wishes before the critical point when such decisions must be made. While the United States has taken steps to adopt both federal and state legislation to promote advance directives, a lack of uniformity of procedure and documentation between the states is hindering widespread documentation of end-of-life wishes. Advance directives are often not utilized despite increased awareness of the need for end-of-life protection. In this Note, Mr. Gruber supports the passage of pending federal legislation with the additional call for greater uniformity in state advance directive forms.

Unregulated Disposition of Human Remains – Change Needed

Ann M. Murphy (Associate Professor, Gonzaga University School of Law; 2007 - 2008 Fulbright Lecturer, Beijing, China) has recently published her article entitled Please Don't Bury Me Down in that Cold Cold Ground: The Need for Uniform Laws on the Disposition of Human Remains, 15 Elder L.J. 381 (2007).

Here is the introductory paragraph to her article:

The disposition of a decedent's remains is a largely unregulated area. While there are federal regulations concerning the funeral industry, there are none dealing with the disposition of remains in particular. The lack of federal regulation, limited state authority on the ownership of remains, and wishes of the decedent often result in conflict. Such conflicts are often left to be resolved by courts and funeral homes. The lack of uniformity in this type of law increases in importance as the baby boom generation ages and demands creative options concerning their final resting place. In this Article, Professor Murphy explores the increasing need for certainty in this area and proposes the adoption of a uniform law patterned on one of the existing state statutory schemes.

Rothko’s children seek to reunite their parents in death

The following is from Kathryn Shattuck, Rothko Kin Sue to Transfer His Remains, NYTimes.com, April 8, 2008:

For 38 years the body of the artist Mark Rothko has rested in an unassuming cemetery on the North Fork of Long Island, a quiet reminder of both the Abstract Expressionist legacy and one of the harshest legal battles ever to rock the art world.

Now, in a potential addendum to the history books that threatens to resurrect bitter memories of the long fight over Rothko’s estate, the artist’s daughter and son have petitioned a New York State judge to clear the way to have their father’s remains disinterred and reburied in a Jewish cemetery in Westchester County.***

Dr. Prizel and Dr. Rothko are also seeking to exhume the body of their mother, Mary Alice, who died six months after their father and was buried in Knollwood Cemetery and Mausoleum in Cleveland. Their goal is to reinter her remains with Rothko’s in Sharon Gardens in Kensico Cemetery in Valhalla, N.Y.

“Petitioners have long wished to reunite their parents in a final resting place consistent with their parents’ wishes and Mark Rothko’s Jewish faith,” their petition reads.***

Special thanks to Bruce S. Johnson (Associate Dean for Information Services, Thomas J. and Mary E. Heck and Leo H. Faust Memorial Designated Professor of Law, Moritz College of Law, the Ohio State University) for bringing this article to my attention.

Attending a funeral online is now a reality

According to Pay-per-view funeral Webcasts go live, msnbc.msn.com, April. 1, 2008:

Pay-per-view funerals go live online in Britain on Tuesday, allowing mourners who cannot attend services in person to pay their last respects via the Internet.

Despite criticism of the scheme as macabre, the company who launched the service, Wesley Music, is planning to offer it to crematoria across the country who will charge a one-off payment of around $150 for access to a funeral Webcast.***

"Families are dispersed across the world these days and sometimes it's the case that someone cannot get home in time for a funeral," said Alan Jeffrey, director of Wesley Music.***

"It's a personal thing. It doesn't go out for all and sundry to gawk at,"*** "There is a password for the family to send to people who want to watch online."***

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.

Expanding Usable Organ Criteria Has Led to Decreased Mortality

According to Jean P. Fisher, Hospitals less finicky about kidneys, newsobserver.com, March 2, 2008:

Deaths among patients awaiting lifesaving kidney transplants fell nationally last year amid rising organ donation and broader use of kidneys that would once have been discarded.***

So-called expanded-criteria donor organs are more likely to fail than kidneys from younger, healthier donors. Traditionally, such organs were considered unsuitable for transplant. But as the gap continues to widen between the number of patients seeking transplants and the number of organs available to them, Stratta and other transplant experts increasingly see them as an untapped resource.***

The supply of kidneys available for transplant has increased nearly 15 percent since the U.S. Department of Health and Human Services established the national collaborative. And experts see signs that increasing the supply of organs is helping save lives.

Many states have also passed laws that allow hospitals to treat the organ donation symbol on a person’s driver’s license as legal consent to donate. North Carolina enacted such a law in October. Before it took effect, families did not always honor loved ones’ wishes to donate organs[.]***

Special thanks to Dave Undis (Founder of LifeSharers) for bringing this article to my attention.

Eco-Friendly Body Disposition -- Freeze-Dried Bodies

Normal body disposition methods are not eco-friendly.

With a traditional burial, bacteria that produce harmful methane decompose the body.

With cremation, pollutants such as carbon, mercury, and dioxins are released into the air.

To solve these problems, Promessa Organic has developed a process to freeze-dry the human body.  Here is the company's description of the process:

Within a week and a half after death, the corpse is frozen to minus 18 degrees Celsius and then submerged in liquid nitrogen. This makes the body very brittle, and vibration of a specific amplitude transforms it into an organic powder that is then introduced into a vacuum chamber where the water is evaporated away.

The now dry powder then passes through a metal separator where any surgical spare parts and mercury are removed. In a similar way, the powder can be disinfected if required.

The remains are now ready to be laid in a coffin made of corn starch. There is no hurry with the burial itself. The organic powder, which is hygienic and odorless, does not decompose when kept dry. The burial takes place in a shallow grave in living soil that turns the coffin and its contents into compost in about 6-12 months time. In conjunction with the burial and in accordance with the wishes of the deceased or next of kin, a bush or tree can be planted above the coffin.

The compost formed can then be taken up by the plant, which can instill greater insight in and respect for the ecological cycle, of which every living thing is a part. The plant stands as a symbol of the person, and we understand where the body went.

French Woman Found Dead After Court Rejected Request for Assisted Suicide

According to Euthanasia debate woman found dead, CNN.com, March 20, 2008:

A French woman severely disfigured by facial tumors has been found dead just two days after a court rejected her request for an assisted suicide.***

It was not immediately clear how Sebire died.***

Assisted suicide is illegal in France, however. The law permits only passive euthanasia -- removing feeding and hydration tubes when a person is in a coma, or inducing a coma and then removing the tubes.

Sebire's lawyer had tried to convince a French court that it was "barbaric" to put her through the ordeal of dying slowly in an artificial coma, something that could take up to two weeks while her three children looked on in anguish.

The court turned down the appeal Monday.

At the same time, Sebire wrote a letter to French President Nicolas Sarkozy appealing for help, but he responded by suggesting top doctors should reexamine her for a second opinion.***

France's prime minister and health and justice ministers all made clear they did not believe changes in French law were needed.

Funeral Planning Taken to a New Level

In February 2008, the CBS Early Show broadcasted a series entitled Funerals To Die For, describing various funeral planning techniques. These videos are now available online.

The following is from Funerals To Die For, cbsnews.com, Feb. 2008, summarizing the broadcasted segments:

For thousands of years, the rich and powerful have been buried with weapons or treasures, and with great fanfare.

Now, more and more "average" Americans are planning their own funerals, personalizing and customizing them, going out in style, in ways that are sometimes elaborate, sometimes non-traditional -- and sometimes -- even fun -- perhaps making the Grim Reaper a little less grim!***

Tribute videos for funerals are becoming big business.

Many baby boomers are forgetting about traditional home videos and opting for elaborate, high-end productions to share with future generations. And they're spending big bucks while they're at it!***

To see Tracy's report, click here.***

Hearse -- Tasmania Style

I recently visited the National Automobile Museum in Launceston, Tasmania and was able to view a vintage 1935 Dodge hearse.  It is still in use and may be rented for special funeral services.

 
 
 
 
 
   
 
 
 
 
 

Note the right-hand drive:

   
   
   
   
   
   
   
   
   

   

Assisted Suicide -- An Australian Adventure

Don Flounders (78 years old) who is a resident of the state of Victoria in Australia suffers from mesothelioma.  He is very interested in assisted suicide but such is illegal here.  Thus, Don traveled to Mexico in early February to purchase Nebutal, a lethal drug which is considered a Class I drug just like heroin.  He also intended to purchase a dose for his dying friend, Angie Belecciu.  See Andrea Petrie, Dying man risks jail to by euthanasia drug, The Age, March 4, 2008, at 7.

Yesterday (March 5, 2008), Angie was in bed when the Australian Federal Police arrived to raid her house to located the Nebutal dose which Don had allegedly purchased for her.  Angie, however, is not upset at the police officers.  As four officers "opened draws, squeezed teddy bears and looked in her washing machine," another officer made her coffee and visited with her.  The officers did not locate the illegal drug.  See Dan Oakes, A different sort of death knock, The Age, March 6, 2008, at 11.

Catholic Church Reiterates Its Position on End of Life Issues

The following is from Pope reaffirms Church’s stance against euthanasia, catholicnewsagency.com, Feb. 25, 2008:

Pope Benedict received participants in an international congress entitled: "Close by the Incurable Sick Person and the Dying: Scientific and Ethical Aspects" today and reiterated that the Church is against all forms of euthanasia.***

"In more concrete terms", he added, "this means ensuring that every person in need finds the necessary support through appropriate treatments and medical procedures - identified and administered using criteria of therapeutic proportionality - while bearing in mind the moral duty to administer (on the part of doctors) and to accept (on the part of patients) those means for preserving life which, in a particular situation, may be considered as 'ordinary'".***

After raising the issue of how it is becoming more common for elderly people in large cities to be alone "even in moments of serious illness and when approaching death", the Holy Father noted that such situations increase pressures towards euthanasia, "especially when a utilitarian view of people has become established". ***

Special thanks to Neil E. Hendershot, Esq. (Attorney at law, Goldberg Katzman, P.C., Adjunct Professor, Widener University School of Law) for bringing this article to my attention. You can read more on Neil's blog at PA Elder, Estate & Fiduciary Law Blog.

Doctor accused of hastening patient’s death to retrieve organs faces criminal charges

The Following is from Jesse Mckinley, Surgeon Accused of Speeding a Death to Get Organs, NYTimes.com, Feb. 27, 2008:

On a winter night in 2006, a disabled and brain damaged man named Ruben Navarro was wheeled into an operating room at a hospital here. By most accounts, Mr. Navarro, 25, was near death, and doctors hoped that he might sustain other lives by donating his kidneys and liver.

But what happened to Mr. Navarro quickly went from the potentially life-saving to what law enforcement officials say was criminal. In what transplant experts believe is the first such case in the country, prosecutors have charged the surgeon, Dr. Hootan C. Roozrokh, with prescribing excessive and improper doses of drugs, apparently in an attempt to hasten Mr. Navarro’s death to retrieve his organs sooner.***

Dr. Roozrokh has pleaded not guilty, and his lawyer said the charges were the result of overzealous prosecutors. But the case has sent a shudder through the tight-knit field of transplant surgeons — if convicted on all counts, Dr. Roozrokh could face eight years in prison — while also worrying donation advocacy groups that organ donors could be frightened away.***

Body Disposition -- The Aussie Way

On several prior occasions on this blog, I have discussed or referenced unusual ways in which Americans may dispose of their bodies upon death.  Here is a partial list:

• Diamonds from cremains 
• Cremains as cocaine additive 
• Cremains in fireworks 
• Pictures painted with cremains 
• Green Burial 
• Biker Hearse 
• Scotty's Ashes into Space 
• Event Planners for End of Life Celebrations 
• Cremains as gasoline additive 
• Do it at home cremation

Here are some of the non-traditional body disposition techniques which are used in Australia according to Richard Brewster, How you go out is a matter for style, The Age, Feb. 23, 208, at 10:

• Motorcycle hearse
• Releases, e.g., doves, butterflies, or balloons to symbolize the freeing of the soul
• Designs printed on cardboard coffins (environmentally friendly)

Organ Donation -- Australian Style

Last week was Australia's "Organ Donor Awareness Week."  According to Tim Richards, Unwrap the gift of life for those on hospitals' death row, The Age, Feb. 25, 2008, at 11, "it seems its impact on the number of donations in hospital will be negligible."

The article explains:

In Australia only about 10 people per million are registered as organ and tissue donors, giving Australia around 200 donors to transplant patients on the various transplant waiting lists each year. From these donors, around 650 transplant recipients are created. * * *

However, we have an unbearable situation where about 150 patients on transplant waiting lists die each year in Australia because there are not enough donors. * * *

It is an unbearable situation because there is a solution to the shortage of organs and tissue, a solution which has been applied in other countries, and which is being discussed presently in Britain. The solution provides the basis for having a donor rate of some three to three and a half times that found in Australia.

It is called a presumed consent or opt-out organ donation system, and it is where the law stipulates that everyone is a donor unless a person registers not to donate.

This opt-out type of system is the opposite of Australia’s current system, which is one where a person who wants to donate their organs must register their interest and so they must opt in to donate.

Organ Donations Increase in Texas

According to Michelle Segovia, Organ Donations Up in 2007, kwtx.com:

119 Central and South Texans gave the Gift of Life in 2007 when their family members so generously agreed to donate their loved ones’ organs.

Sixty-six percent of people living in Central and South Texas consented to donation, resulting in life-saving transplants for nearly 400 people.

Texas Organ Sharing Alliance (TOSA) is the Organ Procurement Organization for the 56 counties in Central and South Texas[.]***

Even with increasing consent rates, the number of people on the waiting list continues to grow. Nationally, more than 98,900 people are awaiting a life-saving transplant. 7,400 of them live right here in Texas. If you’d like to be an organ donor, talk to your family today and indicate your wishes at www.donatelifetexas.org.

"Lethal Choice" -- Intellectually stimulating and emotionally charged novel

Lethal Choice by Dr. Stanley A. Terman, PhD, MD is an intellectually stimulating and emotionally charged drama that keeps you reading into the night and continues to haunt you into the daylight hours.  Lethal Choice should be at the top of your must-read list of books.  Dr. Stanley Terman not only expertly weaves a plot of intrigue and suspense but delves into the moral dilemmas facing individuals as they approach death.

Lethal Choice is a book for everyone...a thriller for readers seeking "a tale of terror" and an educational thought-provoking story for readers who desire "a tale of substance."  Lethal Choice is a powerful novel that embraces timely issues relevant to the medical, legal, and religious communities but more importantly to the average person who is at the mercy of the controversies surrounding end-of-life decisions.

Reasons Family Members Refuse to Donate Deceased Relatives’ Organs

According to ScienceDaily, Relatives Who Decline Organ Donations Face Conflict and Guilt, sciencedaily.com, Jan. 18, 2008:

Family members are sometimes unable to carry out their relative's wish to donate organs when they die, because of conflicting feelings between making a gift of life and protecting the body of the deceased, according to new research.***

Other factors included:

·         Circumstances at the time of death - people needed time to come to terms with the death of their relative, especially if their death was sudden or their body looked normal.

·         Lack of knowledge - some people said they did not have enough information about what organ donation involved.

·         The donation discussion - issues were raised around the timing and sensitivity of discussions between relatives and healthcare professionals.

·         Witnessing the observable ending of life - some people said they needed to be present when their relative's heartbeat stopped. That could not always happen if their relative was a donor.

A free market approach to organ shortage

The following is from John Stossel, How Much Is Your Kidney Worth?, nysun.com, Jan. 17, 2008:

Why are so many people so hostile to free markets?***

Why is selling an organ "radical"? Banning the sale of kidneys kills thousands of people a year. That should be considered "radical."***

Every day, about 17 Americans die while waiting for a transplant.

Yet plenty of Americans would give up a kidney if they could just be paid for their trouble and risk.***

So giving someone a kidney is a good deed, but selling the same kidney is a felony.***

The Kidney Foundation fears that poor people would be "exploited."*** To say the poor are too desperate to resist a dangerous temptation is patronizing.

Organ and Tissue Donor Registry in Illinois

According to Kartikay Mehrotra, Organ-donor list grows to 3.2 million, pantagraph.com, Jan. 24. 2008:

More than 3 million people have signed up for Illinois’ 2-year-old organ and tissue donor registry.

Since the new list was created in 2006, prohibiting survivors from changing the deceased’s donor wishes, more than half of the 6 million registrants cut out from the donor program are back.***

Previously, the final decision remained with the person’s family.***

Although 3.2 million people have signed up for the new registry, nearly 4,500 people are still waiting for organs in Illinois.***

To sign up for the first-person organ/tissue registry, call the Organ and Tissue Donor Program Office at (800) 210-2106 or visit www.lifegoeson.com.

Pennsylvania Survey Sheds Light on Organ Donor Shortage

The following is from David Wenner, Medical society surveys non-organ donors, www.pennlive.com, Feb. 8, 2008:

About 20 percent of Pennsylvania drivers who aren't organ donors say they want to be one but just haven't gotten around to it.

The Pennsylvania Medical Society, which wants people to be donors, recently surveyed non-donor licensed drivers to find out why they're not donors. It found 42.6 percent of them hadn't considered being an organ donor. Another 37.5 had considered it but don't feel comfortable being a donor.

The medical society is stressing that 98,000 people in the United States are waiting for transplants, and many will die because no organ becomes available.

Pennsylvania allows people to register to be a donor and have it indicated on their driver's license. People can do so online at www.dmv.state.pa.us.

Willingness to Save May Prove Lifesaving

According to Dave Undis, Personal Responsibility Can Fix the Organ Shortage, opednews.com, Jan. 14, 2008:

More than half of the 98,000 people on the transplant waiting list in the United States will die before they get an organ, and the shortage of organs gets worse every year.  If you want to increase your chances of getting a life-saving organ transplant should you ever need one, you can either exercise a little personal responsibility or hope that the transplant bureaucracy will take care of you.
   

You can increase your chances of getting an organ transplant if you ever need one by agreeing to donate your own organs when you die.  This trade is offered by a group called LifeSharers.  Members agree to donate their organs when they die, and they give fellow members “first dibs” on them.  Non-members can have a member’s organs if no member who is a suitable match for them wants them.  You can join at http://www.lifesharers.org or by calling 1-888-ORGAN88.  Membership is free and open to everyone.  No one is excluded due to any pre-existing medical condition.  LifeSharers has over 10,000 members, with members in all 50 states and the District of Columbia.

Organ Trade Scandal in India

According to CNN.com, Amit Kumar has recently been accused of “buying, coercing and outright stealing kidneys from poor Indians.”

One of his alleged victims said that Kumar lured him into the house and drugged him. The next thing the victim remembers is waking up in pain and discovering that his kidney was gone.

Kumar was apprehended in Nepal with wads of cash totaling over $250,000.

Michigan in Need of New Legislation for the Legally Incapacitated

Nicole E. Bergeron (J.D. 2006, Thomas M. Cooley Law School), has recently published her article entitled Resuscitating Elderly Wards in Michigan: Should a Legal Guardian Be Allowed To Execute a “Do-Not-Resuscitate” Order on a Legally Incapacitated Individual's Behalf?, 9 T.M. Cooley J. Prac. & Clinical L. 257 (2007).

Here is the conclusion to her article:

Michigan's legally incapacitated are in desperate need of legislation designed to protect them from the implementation of overly aggressive resuscitative procedures. Legislation should focus on the drafting of new procedural laws that are designed to adequately protect a legally incapacitated individual's right to refuse unwanted and overly aggressive medical treatment. As a model for reform, the legislature should look to California's Due Process in Competence Determinations Act. Using the procedural protections outlined in this act as a framework, the legislature should be able to draft legislation that adequately preserves an individual's right to refuse unwanted medical treatment. Legislation should also focus on reforming current guardianship laws so that the rights of family members and relatives are given adequate priority and protection. Given proper reform, legislation should further seek to allow for the signing of DNR's by guardians who are specifically authorized by the court to deal with the ward's end-of-life concerns. This goal can be accomplished by expanding the scope of Michigan's Do Not Resuscitate Procedures Act, and proposing legislation designed to uniformly regulate the implementation of DNR's in both traditional and non-traditional health care settings.