Aidan Karley wrote:
> In article <wNc3JRhz68iHFwwb DeleteThis @meden.invalid>, Stewart Robert Hinsley wrote:
>> According to radio news reports here the permission of the family (next
>> of kin?) is still required.
>>
> It's closer to the "required request" system that was under
> discussion for a while. viz : the doctors treating someone who is
> to-all-intents-and-purposes dead MUST ask the next of kin, if available,
> for permission to remove any usable organs from their body. "Their body"
> obviously referring to the body in the bed, not the body sobbing in the
> chair next to the machine that goes "ping". The body of a deceased person
> belongs to their next of kin, not to the deceased person (how can a
> deceased person own property?), and not to the state. ...
I'm no lawyer, but as I understand the law here in the US, people who
die continue in some sense to be the owner of their estates even after
their death. Their estates don't become someone else's property until
the probate process has been completed (with some exceptions, such as
for property titled as being owned by more than one person as joint
tenants with rights of survivorship). What happens to their Estates is
controlled by their wills, if any, and is otherwise governed by the laws
of intestacy. Their estates don't belong to the state, and they don't
belong to the executors of their estates.
I would expect that the bodies of the deceased, if treated as property,
are considered to also be part of the estate. However, I'm not at all
sure that the law covers bodies by treating them as property.
> ... Which is why "living
> wills", donor cards, etc have always been no more than a guideline in
> Britain.
I think that they have somewhat more legal authority in the US, but I'm
not sure about that.
> Veering back to Known Space, I don't recall it having been
> explicitly mentioned, but it is implicit in the whole "Organ Banks" issue
> that on death one's body becomes the property of the state. ...
It seemed to me that this is true only for condemned criminals, and this
is considered to be legally comparable to the fact that, after you pay a
fine, the money you've paid is now the property of the state.
>> Stay informed about: Organ Banks