First Person Authorization, Gift Law and Family Opposition

First Person Authorization (FPA) is a decision made by means of legal documentation, such as a driver’s license. This provides authorization for donation and is upheld by the Uniform Anatomical Gift Act (UAGA). This type of authorization, like a will, falls under Gift Law and is legally binding.

Because FPA is a gift, families do not have the authority to overturn this incredibly generous decision to save lives through the gift of donation. Some families may not be aware of this decision which can stir emotions of their own during grief.

It is not uncommon that people do not share their decision to be a donor with their loved ones. They may be concerned it would be a hard decision for their family, so they choose to not burden their loved ones with another decision during such a difficult time.

Families may express many different emotions during this process. MTN’s goal is to support their loved one’s decision to be a donor, as well as compassionately support the family in their grief and time of loss.

It is important to remember:

• First Person Authorization is legally binding and does not require informed consent.

• No one has legal standing to overturn this decision.

• MTN and our hospital partners are both obligated to honor this legal decision.

• The manner of declaring death does not change the decision to donate. Declaring a patient’s Death by Neurological Criteria (DNC) or Donation after Circulatory Death (DCD) does not alter the gift.

• For DCD, MTN will work with the family in the best way possible regarding timing of moving to comfort care.

When the time is appropriate, MTN will share donor registration status with a donor’s family.

Check your hospital policy regarding potential First Person Opposition algorithms and/or communication process if a family is not supportive of donation. If your hospital does not have an algorithm, please visit with your Hospital Services Coordinator for help in establishing this important plan.

If a family asks about organ, eye and tissue donation, please thank them for their generous thoughts; and let them know you will reach out to someone who can answer their questions. Then call MTN at 1-800-DONOR-91 (1-800-366-6791).

The generous decision of donor heroes to save lives through their gifts of organ, eye, and tissue donation cannot be fulfilled without your support. Thank you for your continued compassionate care and support of patients and their families!