It’s time to speak up if you wish to ‘opt-out’ of new organ donation system

Default position is you are deemed to be a donor of all organs , and consent is implied for medical procedures, writes Sarah-jane Macdonald

As of 26 March 2021, in Scotland we’re moving to a new “opt out” system for organ donation. This will mean most adults will now be deemed to be willing donors of all organs and tissue, unless you make your wishes known.

Who does it apply to?

The new system applies to all adults (aged 16 or over), unless they lack the “capacity” to understand this change and take steps to “opt out”, or they have lived in Scotland for under a year at the time of their death.

For those of us with loved ones whose capacity might be dwindling, it’s worth starting to have those difficult conversations and help them to express their wishes, now, to avoid any questions later about whether they fall into this category.

Do I have a choice?

Yes! Although people will be deemed to be willing donors, you do still have a choice, what you need to do is find a way to voice that choice by making your wishes known. If you don’t, the default position will be that you are not only deemed to be a donor of all organs and tissue, but your consent is also implied for medical professionals to conduct all tests and procedures necessary to check compatibility before any such transplants.

It isn’t an all or nothing situation. Every individual has varying views on what organ sort issue they would be willing to donate and it is entirely up to you what (if any) organs or tissue you donate. Likewise, those views can also fluctuate as we age and as our personal circumstances, beliefs, faith and world views change, so no choice is ever “set in stone”.

How do I make my decision known?

The best way to record your decision is on the official Organ Donation Scotland website: https://www.organdonationscotland.org/your-decision/ how-register – You can amend your decision any time after registering.

Do I need to tell anyone?

Once checking the Register, medical staff will let your friends or family know whether you have recorded any wishes. However, they will still check if this was your latest view to avoid proceeding with any donations you may not have wished. As such, although you may record your wish online, it is still vitally important to ensure those around you know what those wishes are. More so, if you haven’t registered on the website.

Telling your friends or family, or your Attorney(s) will prevent any surprises, but, more importantly, it will alleviate any potential stress or emotional uncertainty around those decisions when your nearest and dearest will, already, be going through a very difficult time.

Should I put my wishes in my Will?

Decisions regarding organ or tissuedonation need to be made swiftly, but Wills are( usually) not read until much later if you would prefer to share your views with your solicitor, because you feel more comfortable having these frank discussions with someone independent, you could set out your wishes in a letter, but make it clear to your friends and family that you have done so and ensure they know where it can be found.

Do I need to think about it now?

Even if you have no strong views and are happy to be considered as a donor, registering that decision or making it known can take a massive burden off the shoulders of those you leave behind.

We therefore recommend making any views known not just now, but periodically over time, even if it is just to confirm those views remain unchanged. Sarah-jane Macdonald is an Associate, Gillespie Macandrew