Who is the legal next of kin?

Questions are often raised by hospital staff and family members about who the legal next of kin is for the deceased. Since donations are conducted under the Uniform Anatomical Gift Act or similar laws, which emphasize an individual's rights to be a donor by allowing the deceased's wishes to remain enforceable after death. The Act authorizes a third party to make the decision for the deceased donor by expanding the authority of a surrogate decision maker if designated prior to death.

The order of legal next of kin is as follows:

• Healthcare Power of Attorney
• Court appointed Guardian
• Spouse, unless legally separated
• Adult children, majority
• Parent
• Domestic Partner (if unmarried and another person has not assumed financial responsibility for the patient)
• Adult brother or sister
• Close friend

Allograft Resources warrants and represents that it protects the confidentiality of its donors in accordance with Title 45, Part 46 of the U.S. Code of Federal Regulations. Allograft Resources identifies each donor by an internal identification number, which is used in all communications with researchers, thereby protecting the confidentiality of donors and recipients of the tissue. The system ensures that tissues are traceable for safety reasons, while at the same time preventing identification of donors by researchers. Allograft Resources is reimbursed for its expenses by other tissue banking agencies who must submit a stringent application and agreement. Allograft Resources is a non-profit organization and does not sell the tissue it recovers from donors.